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Govt sues trucking company for firing alcoholic driver

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  • Govt sues trucking company for firing alcoholic driver

    I'm not too sure what to think.. I have a couple different views on this. It does bring up a few different topics in and of itself.

    I'm curious to see what you guys have to say...

    Citing a violation of the Americans with Disabilities Act, the Obama administration is suing a trucking company for taking the keys away from an Arkansas driver and eventually firing him after he admitted he was battling alcohol abuse.

    The U.S. Equal Employment Opportunity Commission filed a lawsuit this week arguing that Old Dominion Freight Line discriminated against Charles Grams by stripping him of his position and offering him a demotion even if he completed a substance abuse counseling program.
    Read more: http://www.foxnews.com/politics/2011...#ixzz1X0UsnYps

  • #2
    I knew people considered alcoholism a disease, but I had no clue it was covered by federal law...

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    • #3
      Bottom line for the company is, this guy gets in a crash, hurts or kills someone and is found to be under the influence, the company is going to have to deal with a huge liability issue. In a normal world, the government would be neutral concerning this.

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      • #4
        I don't know the specifics of th case you referenced but the general rule is, as long as someone is not under the influence while at work, has no other medical issues that prevents them from carrying out the duties of their position, their job performance is satisfactory and they are undergoing substance abuse counseling, disciplinary action for a substance abuse problem is prohibited under ADA
        Going too far is half the pleasure of not getting anywhere

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        • #5
          Yeah...unless hes drunk at work, I dont see the problem. Its not illegal to be an alcoholic and getting treatment should be encouraged, especially for an over the road trucker. Im wondering if there is more to the story...like he was drunk while at work and pulled the old "BUT, but but Im alcoholic and gettign help...you cant fire me...I have a problem!" thing

          Americans with Disabilities Act??? Seriously?? Really? Alcoholism is NOT a disease.....go tell some 9 year old in the hospital whose brain is rotting away from cancer that an alcoholic has a disease because he wont stop drinking.
          However, nothign surprises me in our entitlement minded society today
          "I don't go on "I'maworthlesscumdumpster.com" and post negative **** about cum dumpsters."
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          "and we all know you are a poser and a p*ssy.... "
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          • #6
            If he has an off duty problem that he isn't bringing to work, why should he be fired?

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            • #7
              Originally posted by jakflak View Post
              If he has an off duty problem that he isn't bringing to work, why should he be fired?
              I agree with you except, with a CDL .04% is the limit and any amount of alcohol in your system will get you put out of service for 10hrs. Wich means the company has to send another driver or let the truck sit there. Both cost them time and money.
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              • #8
                Originally posted by jakflak View Post
                If he has an off duty problem that he isn't bringing to work, why should he be fired?
                I get the argument, but if he is an at will agreement, the company can fire him no matter what. Government should be neutral here.

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                • #9
                  Originally posted by GPC View Post
                  I agree with you except, with a CDL .04% is the limit and any amount of alcohol in your system will get you put out of service for 10hrs. Wich means the company has to send another driver or let the truck sit there. Both cost them time and money.
                  I get that, but that's assuming he shows up with alcohol in the system. I've struggled a bit with the bottle a little over the years, but I've never set foot in the office with any booze in my system.

                  However, I think calling alcoholism a disability is like calling hitting yourself in the head with a rock and calling it an assault.

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                  • #10
                    So, can you be a pedophile and work at a school as long as you don't touch kids while at work?

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                    • #11
                      Originally posted by M1garand View Post
                      So, can you be a pedophile and work at a school as long as you don't touch kids while at work?
                      Being a pedophile is illegal but drinking isn't. The comparison isn't valid.

                      And before you say drinking at work is illegal, please read above where he didn't do that.

                      Comment


                      • #12
                        Originally posted by jakflak View Post
                        Being a pedophile is illegal but drinking isn't. The comparison isn't valid.

                        And before you say drinking at work is illegal, please read above where he didn't do that.
                        OK, then let's change to a former pedophile.

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                        • #13
                          Originally posted by M1garand View Post
                          OK, then let's change to a former pedophile.
                          Must not say two to the chest, one to the head....

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                          • #14
                            Originally posted by M1garand View Post
                            So, can you be a pedophile and work at a school as long as you don't touch kids while at work?
                            No because there are plenty of functioning alcoholics who won't drink during the day. Not the case with a pedophile. I doubt many employers, including LE, would have a problem hiring a reformed drinker because they're afraid he would all of a sudden begin drinking on the job. Again, not the case with with a pedophile.

                            You don't have to believe it's a disease and I get why people have an issue with that. I think it's a stupid reason to fire someone but as others have pointed out, this could easily be an at will issue if not for the ADA. However, the comparion to a pedophile is way off the mark.


                            "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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                            • #15
                              I have family members who were alcoholics (and they all are deceased now) and I found it hard way to know not to trust alcoholics. I've seen what alcoholics can do and will do to destroy other people's lives. I have no love nor sympathy for them. It is their own doing that's getting them into trouble. Few years back, some drunken 20 some what year old guy drove his car on a wrong way of the parkway, caused head on collision, instantly killing a 4 year old girl who was on her way to the wedding of her relative (she was a flower girl). About 8 years ago, my father's friend was beaten to death by 20 some what year old drunken guy. 33 years ago, my father's head was split open by a drunken guy and as a result of that, he's been suffering from severe headaches most of his life. 13 years ago, I was attacked by a drunken punk and luckily he was the one who was kissing the ground for few hours. That same drunken punk few days later tried to sexual assault on few of my classmates, but was caught and later released because some liberal lawyer and the judge used the same excuse of "he was drunk and he didn't know what he was doing" argument. You'd think this drunken punk learned his lesson? Wrong! He was caught drunk and sticking his hands inside of a woman's pants.
                              3 years ago in South Korea, a drunken old man kidnapped a 10 year old girl, smash her head against the toilet, raped her and sodomized her. And beat her head more to finish her off. He was caught and she survived, but for rest of her life, she can't urinate or do her number 2 the same way as most of us. He was sentenced to serve in jail for 7 years, he called it not fair and got some liberal judge to reduce his sentence to serve in jail for 5 years (judge's reasoning was that the guy was drunk and he didn't do it with a clear mind).

                              I'm 36 years old and if I tell you that I've never gotten drunk in my life, would you believe it? I've never go over few beers or a glass of wine in one seating. I made a choice not to drink to the point where I puke or become a useless human being.

                              I don't buy this BS that alcoholics have rights and this and that. It is not and should not be treated as a disability nor should they be given any special treatment. They want to go for treatment and seek help? That's fine and I'll support that, but don't expect any special treatment.

                              I also have spoken to pedophiles/murderers/rapists who just got out of jail after serving their sentences and they swore that they did it because they were suffering from the illnesses, so should we also put them in the category of being disabled?

                              Yeah, you guys would say that making comparison between alcoholics and pedophiles are not fair, but do me a favor. Go tell to families of those people I've mentioned that Alcoholics are really nice people, it's just that they are suffering from mental disease.

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