Transportation Civil Rights

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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

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

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

New York Auto Accident Lawyer David Perecman Supports Ambitious Campaign to Reduce Traffic Casualties

New York auto accident lawyer David Perecman gives his support to a new initiative to prevent traffic fatalities and auto accidents in New York City. Transportation Alternatives, in partnership with the Drum Major...more

New York Civil Rights Violation Lawyer Investigates NYC Taxi of Tomorrow — Not as Wheelchair Accessible as Promised

New York civil rights violation lawyer David Perecman comments on the new taxi chosen by New York's Taxi and Limousine Commission. After a three year search, the Commission chose a Nissan model that is not wheelchair...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

La giurisprudenza della Cassazione e il suo interesse continuo per l'accertamento e la liquidazione dei danni non patrimoniali.

La giurisprudenza della Cassazione e il suo interesse continuo per l'accertamento e la liquidazione dei danni non patrimoniali. The jurisprudence of Supreme Italian Court and his continuing interest to the investigation and...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

Rule by Bureaucracy Is not Always by Right

A complex legal case involving a ship engineer seeking refuge highlights the problems of interpreting maritime and human rights law....more

I Saw the Light-- In My Rear View Mirror

This article covers what a motorist should do when pulled over by the police. It covers what to expect, what the driver should and should not do, what the driver should and should not say, and what the police can and cannot...more

Bluebonnet Neighborhood Association v. TxDOT

Complaint

Complaint filed with the Federal Highway Administration regarding a project to turn a six mile section of US 290 into a toll road...more

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