You have just finished a round trip haul between Reno and Denver. As you walk into the company warehouse, a fellow trucker mentions the new schedule has come out for the next two weeks.
Eager to see where the company wants you to travel next, you briskly walk up to the board that holds the work schedule. Your jaw drops when you notice that your schedule has declined by 10 hours per week, with no opportunity to work overtime.
Why your schedule has dropped in hours is perplexing, until you realize that the company recently hired three truck drivers fresh out of driving school. Has your age literally caught up to you in the form of discrimination?
Truck drivers across the United States have filed discrimination lawsuits against companies that hired younger, less costly drivers to replace older drivers that earned much more money.
Overview of Workplace Discrimination
The Equal Employment Opportunity Commission (EEOC) represents the federal government agency that administers workplace discrimination laws. For truck drivers, the following landmark anti-discrimination laws often are relevant to workplace discrimination cases.
Civil Rights Act of 1964
Specifically, Title VII of the monumental civil rights law, as it prohibits employers with more than 15 workers on their payrolls from discriminating against a large number of protected classes. For truck drivers that face age discrimination, Title VII devotes a subsection to defining the acts that form that type of discrimination. Title VII also discusses the legal ramifications of race and gender discrimination.
Age Discrimination Act of 1967
Three years after the Civil Rights Act of 1964 became law, the United States Congress strengthened anti-age discrimination statutes by passing the Age discrimination in Employment Act of 1967. The law governs companies that employ at least 20 workers, as well as covers employees that are older the 40 years.
Americans with Disabilities Act of 1990
Truck drivers requires a unique set of physical skills to operate a big rig, which employers must describe in the job description, as well as the employee handbook. However, federal law forbids employers from discriminating against workers that possess one or more disabilities. In fact, trucking companies must make reasonable accommodations to assist drivers with disabilities to thrive on the job.
Equal Pay Act of 1963
This federal law makes it illegal for employers to compensate each gender differently. Female truck drivers of the same caliber and experience as male truck drivers should earn the same amount of pay.
Truck Driver Rights
Due to anti-discrimination laws, such as Title VII of the Civil Rights Act 1964, truck drivers’ rights prohibit employers with more than 15 workers from discriminating against truck drivers who face age discrimination. Also, the Age Discrimination Act of 1967 which, became law 3 years after the Civil Rights Act of 1964 became law, states that companies that employ at least 20 workers, also covers employees who are older than 40 years.
Under the Americans with Disabilities Act of 1990, federal law forbids employers from discriminating against workers that have one or more disabilities which includes truck drivers. Additionally, employers must make reasonable accommodations to help truck drivers with disabilities to undertake their job. The Equal Pay Act of 1963 relates to female truck drivers which demands that a female employee with the same experience as a male is paid the same.
In conjunction with these rights, truck drivers also have the following rights:
- the right to refuse to drive if it’s unsafe to do so such as safety issues with the truck including overloading;
- the right to a work environment where discrimination does not take place such as based on age, race, religion, sex and disability;
- the right to file a complaint if the truck driver’s rights have been violated by the employer.
A truck driver who faces discrimination in the workplace may file a formal complaint with the EEOC. The claim can be filed at the nearest EEOC office or online by submitting the claim form.
Filing a Workplace Discrimination Claim
Truck drivers that face discrimination in the workplace file a formal complaint with the EEOC. You can file the claim at the nearest EEOC office or by going online and submitting the convenient claim form.
All discrimination claims must include the filer’s name, address, and best phone number for the EEOC to call. The EEOC form requires a detailed description of the incident or incidents that involved discrimination in the workplace, along with supporting documents and records of phone conversations. If you live in a one-party consent state, you can record a phone conversation with your employer, without first receiving permission from the other party to record the phone calls.
Compensation for Workplace Discrimination Cases
After filing your formal complaint, the EEOC initiates a thorough investigation of your claim that includes interviewing co-workers and members of management. The EEOC wants to see a pattern of discrimination that extends beyond the circumstance of your specific case. In addition, a representative from the EEOC might visit your workplace if the agency believes discrimination is widespread.
A favorable EEOC ruling can lead to compensation for the truck driver who filed the workplace discrimination claim. Monetary awards often accompany favorable discrimination in the workplace rulings. You can receive money for punitive damages, as well as for the lost wages caused by discriminatory acts. The EEOC also has the legal authority to force your employer to change some of its human resources policies and procedures.
Get a Free Case Evaluation Today
If made public, allegations of workplace discrimination can damage the reputation of a company. This can lead to fewer customers and a decrease in productivity in the workplace. Most employers fight back hard against claims of discrimination by using a team of highly skilled attorneys.
You may want to counter the legal muscle by working with a state licensed employment lawyer. Complete the Free Case Evaluation to get connected with a lawyer that takes cases in your area today!
