Labor & Employment Transportation Civil Rights

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District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

EEOC Sues FedEx Ground Package System, Inc., for Nationwide Disability Discrimination

Shipping Giant Repeatedly Failed to Provide Needed Accommodations to Deaf and Hard-of-Hearing Package Handlers and Applicants, Federal Agency Charges - BALTIMORE - Shipping giant FedEx Ground Package System, Inc.,...more

Supreme Court Poised to Hear TSA Whistleblower Case

The Transportation Safety Administration (TSA) plays a crucial role in our national safety infrastructure. Yet the agency has been subjected to significant criticism — and even been the butt of jokes — for the last several...more

Alcoholic Truck Driver Case Is Good For Transportation Employers, But Be Careful

The U.S. Court of Appeals for the 11th Circuit, which hears appeals from federal courts in Alabama, Florida, and Georgia, recently affirmed summary judgment for Crete Carrier Corporation. Crete fired one of its truck drivers...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

DOT Proposes to Fine Motor Carriers and Others Who Coerce Drivers to Violate Safety Rules

The Surface Transportation Act currently provides commercial drivers with recourse if they are retaliated against for refusing to violate federal motor carrier safety rules. Earlier this month, the Department of...more

Whistleblower Suit Filed Against Texas Railroad Commission

Frederick Wright recently sued the Texas Railroad Commission for terminating his employment in violation of state whistleblower laws. If the suit is not settled, it could attract considerable attention in Texas....more

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

Would harassment prevention have saved TSA from its PR nosedive?

As the Thanksgiving holiday approaches, the federal Transportation Security Administration is under fire for imposing full-body scans or pat-downs on the flying public. Although the agency says that the scans/pat-downs are...more

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