Transportation Civil Rights

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FAA Denies EPIC Petition Requesting Public Rulemaking To Address Privacy Concerns Posed By Drones; Cites Ongoing Rulemaking...

The Federal Aviation Administration (“FAA”) has denied a petition submitted by the Electronic Privacy Information Center (“EPIC”) to initiate a public rulemaking to address the “threat to privacy and civil liberties that will...more

U.S. Supreme Court Hears Arguments in 4-R Act Case (For the Second Time)

On December 9, the U.S. Supreme Court heard oral arguments in the last of three state and local tax cases that it accepted this term – Alabama Department of Revenue v. CSX Transportation, Inc. (CSX II), a case that had...more

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food...more

Employers: How Prepared Are You for Ebola?

Rapidly changing circumstances raise workplace questions. The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more

Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim

Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between...more

Recent Transportation Network Company Ordinances in Austin, Houston and Washington, D.C. Display Variety of Regulatory Approaches

While regulation governing transportation network companies continues to be hashed out at the state levels and in the courts, cities are increasingly establishing their own local regulatory frameworks for ridesharing...more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

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

Transportation Equity Movement Makes Strides in the Mainstream

This year marks the 50th anniversaries of the Urban Mass Transportation Act of 1964 (UMTA) and the Civil Rights Act of 1964. It is also the 20th anniversary of President Clinton’s Executive Order 12898, addressing federal...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

A Boost for Entrepreneurs: Minority-, Women- and Veteran-owned Businesses

Recognizing that our country -- our “team,” if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help...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

Air Carrier Access Act: Department of Transportation Finalizes New Rules Governing Accessibility of Airline Web Sites and Kiosks

As part of its continuing implementation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705, the United States Department of Transportation ("DOT") recently issued a series of final rules (the "Rules") geared to improve...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

Marvin M. Brandt Revocable Trust v. United States

Brief Amicus Curiae of Owners' Counsel of America in Support of Petitioners

This is the brief of Owners' Counsel of America supporting the petitioners in Brandt v. United States. That case involves an abandoned rail line in Wyoming, but this case has nationwide implications. The issue before the...more

New York Auto Accident Lawyer from The Perecman Firm Applauds Reinstatement of Vision Tests for NY Drivers License Renewal

New York auto accident lawyer David Perecman applauds the decision of New York state officials to reverse their plans to let drivers renew licenses without taking a vision test. Critics, including a number of traffic safety...more

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