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EEOC charges Celadon with discrimination

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The U.S. Equal Employment Oppor-tunity Commission is suing Celadon Group Inc., charging that the Indianapolis-based trucking firm discriminated against candidates with disabilities who applied for driving jobs.

The EEOC claims in a lawsuit filed Feb. 29 that Celadon subjected job applicants to medical exams and failed to hire qualified truck-driving candidates because of disabilities, or perceived ones.

Under the Americans with Disabilities Act, an employer cannot conduct a medical examination of a job candidate until the employer has given the applicant a job offer conditioned upon passing the exam, Laurie Young, regional attorney for the Indianapolis office of the EEOC, said in a prepared statement.

But the agency says Celadon conducted medical exams to reject candidates before making job offers, which violates U.S. Department of Transportation standards.

The EEOC charges that Celadon has been violating ADA requirements since 2009.

Celadon CEO Steve Russell denied wrongdoing and said the company is abiding by Department of Transportation regulations.

“The reality is, if you hire a driver and then give them a physical, that’s crazy,” Russell said. “If you talk to the [Department of Transportation], they will say they don’t understand what the EEOC is trying to do.”

A spokesman for the U.S. Department of Transportation couldn’t be reached for comment.

The suit alleges Celadon rejected at least 16 job applicants for truck-driving positions and cited four specific instances, three of which included applicants with hearing impairments and another suffering from deep venous thrombosis who was taking a blood thinner to treat the condition.

Medical exams given by Celadon included vision and hearing screenings, blood and urine tests, blood-pressure checks and other cardiovascular exams, as well as requests for medical histories and lists of prescribed medications, according to the EEOC.

The EEOC is seeking monetary damages on behalf of the applicants in addition to a permanent injunction barring the company from engaging in further employment practices that violate the ADA.

Celadon has 3,500 employees, including more than 2,400 drivers.•

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This story originally ran in the March 1, 2012, IBJ Daily. Indianapolis Business Journal is a sister publication of IL.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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