$200,000 Settlement in Disability Discrimination Lawsuit Against Trucking Company, Training Ordered

Wednesday, August 5, 2015

Question:  Would disability discrimination training have prevented this case?  See our trainings at http://www.hrclassroom.com.

Celadon Trucking Services, Inc., a trucking company headquartered in Indianapolis, Indiana, has agreed in a consent decree to pay $200,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The suit, EEOC v. Celadon Trucking Services, Inc., Civil Action No. 1:12-cv-0275-SEB-TAB, filed in U.S. District Court for the Southern District of Indiana, Indianapolis Division, alleged that the company violated the Americans with Disabilities Act (ADA). The ADA prohibits employers from subjecting applicants to medical examinations before making a conditional offer of employment and discriminating against applicants based on disability or perceived disability. On June 30, 2015, Judge Sarah Evans Barker, ruled that Celadon violated the ADA by conducting unlawful medical inquiries and examinations of applicants for over-the-road truck driving positions. The Court also determined that there were sufficient facts to support a finding that two of the class members were qualified for the truck driving position, but Celadon unlawfully dismissed them from driver orientation program because of their disabilities in violation of the ADA.

In addition to paying $200,000 in monetary damages to the 23 former Celadon applicants involved in EEOC's lawsuit, the settlement, requires that the company train its management employees on disability discrimination, post a notice of non-discrimination at its work site, submit annual reports detailing its compliance with the decree, and furnish other non-monetary relief, including inviting qualified class members to attend the company's driver orientation program. The terms of the consent decree last for five years.

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