The Fort Smith, Ark., jury returned the verdict Jan. 16 after concluding the LTL carrier had violated the Americans with Disabilities Act. In 2011, the Equal Employment Opportunity Commission filed suit on behalf of the driver after failing to reach a voluntary settlement with the North Carolina-based company.
Old Dominion was not immediately available for comment.
The driver had worked for ODFL for five years without incident until 2009. That June, he reported his alcohol problem under Old Dominion’s “Open Door Policy” and sought assistance from the company.
On June 29, he began attending Alcoholics Anonymous. On July 1, the driver met with a DOT-certified Substance Abuse Professional, who indicated the employee “would participate in out-patient treatment and he could be returned to work.”
The driver and local management were unaware ODF had an unwritten policy of not allowing drivers who self-report alcohol abuse to return to driving, the EEOC reported.
The ADA recognizes alcoholism as a disability, and the U.S. Department of Transportation does not prevent employees who report themselves for alcohol abuse from returning to driving.
