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September 19, 2011
Feds File Discrimination Suit Re Alcoholism as Disability

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Old Dominion Freight Line, Inc.

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The government claims the trucking company did not comply with the Americans with Disabilities Act (ADA) when it told a driver who self-reported a concern about alcohol that he would never be returned to a driving position, even after successfully completing a counseling program.

Alcoholism is a recognized disability under ADA.

EEOC says Old Dominion violated the law by making reassignment only to nondriving positions even after treatment.

EEOC also faulted Old Dominion’s policy of banning any driver who self-reports alcohol abuse from ever driving again.

Noted EEOC district office director Katharine Kores, “While the EEOC agrees that an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”

Old Dominion is based in Thomasville, North Carolina. The case stemmed from actions at its Fort Smith, Arkansas, service center.

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