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Transportation Civil Rights Labor & Employment

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Supreme Court Refuses to Hear Driver’s ADA Challenge to Sleep Apnea Screening Program

by Benesch on

Earlier this week, the Supreme Court denied a driver’s Americans with Disabilities Act (“ADA”) challenge to a carrier’s sleep apnea screening program in Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In...more

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

by Genova Burns LLC on

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

It Pays to Pay Attention to Impact When Considering Layoffs

by Foley & Lardner LLP on

Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

by Foley & Lardner LLP on

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

by Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Developments in Title VII and Sexual Orientation Discrimination

by PretiFlaherty on

Many state anti-discrimination laws, such as those in Maine, Massachusetts and New Hampshire, specifically prohibit employers from discriminating against individuals on the basis of sexual orientation. To the surprise of many...more

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

by Ruder Ware on

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more

New Background Check Requirements for California Transportation Network Companies

by Littler on

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

by Littler on

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

by Littler on

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

2016 California Labor and Employment Legislation Update: It’s Final!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

by Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Must be qualified to apply

by McAfee & Taft on

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

Court Curtails Relief For Age Discrimination Collective Action Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

by Garvey Schubert Barer on

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

by Hinshaw & Culbertson LLP on

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing...more

OSHA Continues to Turn Up the Volume on Whistleblowing

by Littler on

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more

With Adverse Employment Action Absent, Court Denies EEOC’s Motion For Reconsideration In Religious Accommodation Case

by Seyfarth Shaw LLP on

In an important EEOC case involving the intersection of company dress code policies and the rights of employees seeking religious accommodations, following a grant of both parties’ summary judgment motions in part, which we...more

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