Celadon Trucking Hit with Disability Discrimination Lawsuit
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Celadon Trucking Hit with Disability Discrimination Lawsuit

By Mike Holter

 

Celadon trucking(LEGAFI) -- Trucking company Celadon, Inc. has been sued for unlawfully making applicants take medical examinations and for failing to hire qualified applicants because of disabilities or perceived ones, the U.S. Equal Employment Opportunity Commission (EEOC) announced.

According to the agency’s disability discrimination lawsuit, Celadon performed medical examinations on applicants for driving positions before making conditional offers of employment to them. The discrimination lawsuit charges Celadon with conducting these examinations in violation of the standards articulated by the U.S. Department of Transportation/ Federal Motor Carriers Administration, and then using the results of the non-compliant examinations to reject qualified applicants Celadon thought were disabled.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from subjecting applicants to medical examinations before making a  conditional offer of employment, and also prohibits discrimination based on disability or perceived disability. The EEOC filed suit in U.S. District Court for the Southern District of Indiana, Indianapolis Division after first attempting to reach a pre-litigation settlement through its conciliation process.

“Celadon and all motor carriers must conduct medical examinations in accordance with the ADA,” said Laurie Young, regional attorney for the Indianapolis District Office of the EEOC. “Under the ADA, an employer cannot conduct a medical examination of a job applicant until the employer has given the applicant a job offer conditioned upon the applicant passing the examination.”

The Celadon disability discrimination lawsuit is seeking compensatory and punitive damages against the company, as well as other relief, including a permanent injunction to prevent the company from engaging in any further employment practice that violates the ADA.

 

Updated April 3rd, 2012

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