Wednesday, September 07, 2011

Alcoholic truck drivers are now a protected class!

TigerHawk:
Catch-22 watch: Alcoholic truck drivers are now a protected class!

In more good news for employers worried about liability, the Obama administration has set up yet another Catch-22 for business:
The federal government has sued a major trucking company for its firing of driver with an admitted alcohol abuse problem.

Alcoholism is classified as a disability under the Americans with Disabilities Act, the suit maintains, and therefore employees cannot be prohibited even from driving 18 wheelers due to their histories of abuse.

Presumably this rationale equally applies to oil tanker captains, bus drivers, airline pilots, and neurosurgeons.

Yet again, business has to choose between managing tort liability and navigating federal regulation that makes it much harder to... manage tort liability.
Not to mention actually, you know, doing business.

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