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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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