Fleet Agrees to Settlement in Driver Discrimination Case

INDIANAPOLIS – A provider of cross-border trucking, Celadon Trucking Services Inc., has agreed to an out of court settlement paying $200,000 over a driver disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

The suit alleged that the company violated the Americans with Disabilities Act (ADA), which prohibits employers from subjecting applicants to medical examinations before making a conditional offer of employment and discriminating against applicants based on disability or perceived disability.

In late June a U.S. federal judge ruled that Celadon violated the ADA by conducting unlawful medical inquiries and examinations of applicants for over-the-road truck driving positions.

The court also determined that there were sufficient facts to support a finding that two of the class members were qualified for the truck driving position, but Celadon unlawfully dismissed them from driver orientation program because of their disabilities in violation of the ADA.

In addition to paying $200,000 in monetary damages to the 23 former Celadon applicants involved in EEOC’s lawsuit, the settlement, requires that the company train its management employees on disability discrimination, post a notice of non-discrimination at its work site, submit annual reports detailing its compliance with the decree, and furnish other non-monetary relief, including inviting qualified class members to attend the company’s driver orientation program.

The terms of the consent decree last for five years.

“The law is clear: Celadon cannot subject applicant drivers to disability-related inquiries and medical examinations without first extending to these applicants a conditional job offer,” said Laurie A. Young, regional attorney of the Indianapolis district office of the EEOC. “Celadon’s policies must conform to the requirements of the ADA. We are satisfied that this settlement serves the public interest and we are confident that the relief obtained will prevent the recurrence of this type of discrimination.”


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