Labor & Employment Transportation Civil Rights

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Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

How to Stay Legal and Avoid Risky Drivers: Guidance for practicing EEOC-compliant hiring in the transportation industry

In December 2012, the United States Commission on Civil Rights (USCCR) held hearings to discuss the Equal Employment Opportunity Commission’s (EEOC’s) April 2012 Policy Guidance (number 915.002) regarding businesses’ use of...more

Federal Court in Minnesota Provides Guidance on Non-Injury Retaliation Claims Under FRSA

Granting complete summary judgment to BNSF Railway Co., Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota interpreted and provided the railroad industry with guidance pertaining to the...more

Transportation, Distribution & Logistics Alert: September 2013

In This Issue: Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper and NLRB's New Ruling Could Spell Trouble in Harassment Investigations Excerpt from Pennsylvania’s Appellate...more

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more

Accessibility Legislation in Canada -- Additional Requirements Under the AODA and Proposed Accessibility Legislation in Manitoba

We have been following the Accessibility for Ontarians with Disabilities Act, 2005 (the AODA) and watching for related developments in other provinces. The filing deadline of December 31, 2012, for the Accessibility...more

Rehabilitated Drug Addict's Disability Claims Were Properly Dismissed

Lopez v. Pacific Maritime Ass’n, 2011 WL 711884 (9th Cir. 2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which...more

[TWIC] Identity Card is US Maritime Hobgoblin

The identity card for US transportation workers has been an expensive disaster in technical and civil liberty terms, and has brought no discernible security benefits. The hobgoblin of little minds lies in dull and mindless...more

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