Government Files Suit Against Trucking Company For Dismissing Alcoholic Driver

A North Carolina based trucking company is being taken to court by the government for firing an alcoholic truck driver- a move the US Equal Employment Opportunities Commission claims is in violation of the Americans With Disabilities Act of 1990.

Thomasville, NC-based Old Dominion Freight Line [NASDAQ: ODFL] dismissed a driver in June 2009 based in an Arkansas service center. The driver, Charles Grams, had approached company supervisors and informed them he had a drinking problem

The U.S. Equal Employment Opportunity Commission filed a lawsuit this week arguing that Old Dominion Freight Line discriminated against Charles Grams by stripping him of his position and offering him a demotion even if he completed a substance abuse counseling program

Instead, the EEOC argued, the North Carolina-based company, which has a service center in Arkansas, should have complied with the law, known as the ADA, while ensuring safety.

“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace,” said Katharine Kores, director of the EEOCs Memphis District Office, which covers Arkansas. “While the EEOC agrees that an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”

The EEOC says alcoholism is a recognized disability under the ADA and that the company violated the law with its policy that bans any driver who admits alcohol abuse from driving again.

The EEOC wants the company to reinstate Grams and another affected driver to their previous positions and provide them with back pay, compensatory and punitive damages and compensation for lost benefits. The EEOC is also seeking to block the company’s alcohol-related policy.

Joel McCarty, general counsel to Old Dominion, wouldn’t comment on the details of the pending litigation. But he told FoxNews.com, “We intend to vigorously defend our position.”

When asked to respond to EEOC’s comments and rationale behind the lawsuit, McCarty said, “Obviously, we disagree with their position totally.”

“Our concern is safety,” he said. “And that’s why we intend to defend the policy.”

According to the EEOC’s suit, Grams, who had been with Old Dominion for five years without incident, informed the company in June 2009 that he believed he had an alcohol problem.

The company suspended him from his driving position, which paid him nearly $22 per hour, including benefits. In compliance with U.S. Transportation Department regulations, Grams met with a substance abuse professional who notified the company that Grams would participate in an outpatient treatment program and could return to work.

But Old Dominion told Grams that he wouldn’t be allowed to drive again for the company and instead offered him a part-time position as a dock worker as soon as it became available. The position paid $12 per hour without benefits, the lawsuit alleges.

Grams then decided he couldn't afford treatment because he believed he would have to pay for it upfront and be reimbursed by his insurance company only if it approved the treatment. Instead, he joined Alcoholics Anonymous. Old Dominion fired him in July for job abandonment.

The EEOC contends that the company's actions deprived Grams and other affected drivers of "equal employment opportunities and otherwise adversely affect their status as employees, in violation of the ADA."

"Grams is a qualified individual with a disability under ADA ... who can perform the essential functions of a driving position," the suit says, adding that Grams and other employees wouldn't need treatment to perform non-driving duties.

Does anybody else remember that King of the Hill episode where Hank hires this seemingly clean-cut guy to work at Strickland Propane only to learn that he's a drug addict? Then once he's hired, he's next to impossible to get rid of because he's a drug addict?

So this begs the question if Alcoholism is covered under the ADA, what about drug use? I mean the potential ramifications of a driver operating a commercial vehicle impaired and over the road is no different if that driver's been knocking back Jack Daniels or snorting cocaine. And moreover, the government is ordering that the company assume the risk and liability that comes with a driver with a history or alcohol or substance abuse.

Sports Chowdah w/Sugar On Top- Sooners Pound Puppies; Cry TimberWolf!; Soggy Classic; B's Skid Stopped by Leafs; Pats Go (1st Round) Bye Bye

NCAA HOOPS: I blame myself- almost as soon as I pointed out UConn's record breaking performance in women's hoops, they lose on the road to the #8 ranked Stanford Cardinals by a 71-59 final last week. I blame myself for jinxing them and take full responsibility- my apologies.

Still, it will be interesting to see if any men's or women's team can come close to threatening the UConn Women's record and Stanford might end up usurping Tennessee as the lady Huskies main rival.


NCAA FOOTBALL: Let's face it- it simply hasn't been that good a week for UConn on the hardwood or gridiron. The men's hoops (currently ranked #8) lost to Notre Dame on Tuesday night.

But out in the desert on the first night of 2011, the UConn football team demonstrated that mammals were capable of oviparity when the Huskies went out and laid an egg against the Oklahoma Sooners in the second half of the Fiesta Bowl.

Three years after getting blown out by another Big East team (West Virginia) and four years after Boise State's shocking upset over the Sooners in the very same Fiesta Bowl, Oklahoma started strong and finished strong against the UConn Huskies, taking a 20-10 lead into halftime.

Oklahoma got out the the early 14-0 lead when UConn CB Dwayne Gratz intercepted Sooners QB Landry Jones and returned it 46 yards for paydirt. Dave Teggart would follow that up with a 37 yard FG towards the end of the first half.

As tenacious as UConn was in the first half, they were pretty much completely absent (aside from a 95 yard kickoff return from Robbie Frey) in the second as the Sooners got two pick-6s from Huskies QB Zach Frasier for the 48-20 Sooners win.

Keep in mind that UConn still hasn't scored an offensive touchdown since the 4th quarter of their Nov 27th game against the Cincinnati Bearcats. So that didn't really bode well for a UConn team that made it to a BCS game on the basis of tie-breakers and Big East rivals screwing the proverbial pooch. While they no doubt had their moments, by and large UConn had this 'not-quite-ready-for-prime-time' feel to their lackluster performance in the Fiesta Bowl.

ELSEWHERE IN NCAA FOOTBALL: As lacking as UConn's performance in the Fiesta Bowl might've been, imagine a whole conference faring worse than the Huskies did as a team on New Year's Day. You don't have to, since there was the Big Ten's woeful results from the various Bowl games on New Year's Day:

Ticket City Bowl:
Northwestern 38- Texas Tech 45

Outback Bowl:
Florida 37- Penn State 24

Capital One Bowl:
#15 Alabama 49- #7 Michigan State 7

Gator Bowl
#21 Mississippi State 52- Michigan 14

Rose Bowl
#4 Wisconsin 19- #3 Texas Christian 21

Actually, the Outback Bowl was a little closer than the score would indicate if not for a late Penn State drive that ended in an interception being run back for a TD with just over a minute remaining in the 4th. As you might suspect, the Rose Bowl actually made for some fine viewing even for those who didn't have a stake in the outcome. Still, that's 0-4 in one day for the Big 10.


ORANGE BOWL: The Orange Bowl on Monday night featured a matchup between #5 Stanford and #12 Virginia Tech amid speculation this could be head coach Jim Harbaugh's last game as a number of NFL teams expressed an interest in his services.

In the first half, things didn't quite seem to be going the Cardinals way, with a missed PAT by kicker Nate Whittaker (one of two missed on the night), a fluky play that would've resulted in a safety no matter what and Hokies QB Tyrod Taylor making an 11 yard TD pass when it looked for all the world like he was being chased backwards and out of bounds. Still, the Cardinals would head into the locker room at the half with a 13-12 lead after Virginia Tech got a FG with 7 seconds remaining in the half.

But that would be the last time the Hokies would find the end zone or uprights. Stanford would score 27 unanswered points to take down Virginia Tech by a final of 40-12.

SUGAR BOWL: Ladies and gentlemen, there's been a Big 10 sighting! The 2011 Sugar Bowl pitted #6 Ohio State against #8 Arkansas on Tuesday night, and the Buckeyes fared much better than the rest of the Big 10 on New Year's Day. Granted that's not saying much....

Although the Buckeyes got out to a pretty commanding 28-10 lead at halftime, the Razorbacks held them to just 3 points in the 2nd half as Arkansas clawed back to make it a 26-31 game in the 4th. After attempting to bleed the clock late in the 4th, the Buckeyes decided to punt on 4th and 3 from their own 38 yard line. However, the punt was blocked, giving the Razorbacks the ball with good field position and very little time.

The first pass attempt from Arkansas' Ryan Mallet was incomplete- the second was picked off and the Buckeyes absolutely dodged a bullet there. Ohio State hangs on to win by the final of 31-26.

ELSEWHERE IN NCAA FOOTBALL: Here are some finals from what some would refer to as the 'lesser' Bowl games [not me, tho'- NANESB!] prior to New Year's Day:

December 30:
Music City Bowl:
North Carolina 30- Tennessee 27 (2 OT)

Holiday Bowl
#17 Nebraska 7- Washington 19

December 31:
Meineke Bowl
South Florida 31- Clemson 26

Sun Bowl
Notre Dame 33- Miami (FL) 17

Liberty Bowl
Central Florida 10- Georgia 6

Chick-Fil-A Bowl
#19 South Carolina 17- #23 Florida State 26

NFL: Not that much to report as far as the Pats are concerned. Some of the starters got some rest on Sunday's 38-7 rout of the Miami Dolphins in South Florida, sweeping the season series. This is the 8th straight win for New England and also the 8th straight game where they scored more than 30 points, finishing with a 14-2 regular season record.

Now all that's left is to wait and see who New England gets after Wild Card weekend.

ELSEWHERE IN THE NFL: Speaking of- here's the Wild Card weekend schedule:

Saturday- 1/8
New Orleans Saints @ Seattle Seahawks- 4:30 PM ET
NY Jets @ Indianapolis Colts- 8:00 PM ET

Sunday- 1/9
Baltimore Ravens @ Kansas City Chiefs- 1:00 PM ET
Green Bay Packers @ Philadelphia Eagles- 4:30 PM ET

NBA: Well....while I was watching all this football, it seemed to escape my attention that Rajon Rondo is back. He had a fairly low-key return in Sunday night's 93-79 win over the Toronto Raptors with 8 assists, a rebound and 4 points (8? Maybe not that low-key, then).

Getty images

On Monday night's game at the Garden, they got some unexpectedly stiff competiton from the Minnesota Timberwolves as Kevin Love had 24 points for the visiting T'Wolves. After trailing at halftime 47-43, Paul Pierce scored 15 of his 23 points in the 3rd quarter to help close what was once a double-digit gap before the C's went ahead and held on to win by the final on 96-93.

Interestingly, the Celtics have never lost to the Timberwolves since the acquisition of Kevin Garnett in 2007 (KG is still on the disabled list however, and did not play against his former team).

The C's have a tough one coming up Wednesday night at the garden as they'll play host to the San Antionio Spurs as they come to Beantown with the NBA's best record.



NHL: After back-to-back shootout losses against Atlanta and Buffalo (where they at least got a point for their trouble) the Bruins went north of the border to take on the Maple Leafs.

Tim Thomas had the night off and the elusive Tukka Rask got the start between the pipes for the B's instead. Although Toronto got on the board first with a Mikhail Grabovski goal, Rask turned aside 36 shots on goal- many of them coming from former Bruins teammate Phil Kessel.

Nathaniel Horton and Marc Savard would score in the second to put the Bruins up for good by a final of 2-1, snapping their 2-game slide.

The B's will next take on the Minnesota Wild at the Garden on Thursday night, 7 PM ET.

Justin K. Aller/ Getty

ELSEWHERE IN THE NHL: The 2011 Winter Classic belatedly got underway Saturday night between the Pittsburgh Penguins and Washington Capitals amid intermittent rain showers at Heinz Field in Pittsburgh, PA.

The original start time of 1 PM Eastern was pushed back to 8 PM ET [might this be a sign of things to come for future Winter Classics? -NANESB!] in the hopes that the rain would clear by then. But it was a very wet Winter Classic indeed as the Penguins got out to a 1-0 lead on a Evgeni Malkin goal in the 2nd. However, the Caps would come right back with a power play goal from Mike Knuble and follow that one up with a tally from Caps RW Eric Fehr to take the 2-1 lead in the second. Fehr would provide Washington with some insurance in the 3rd with another tally to make it 3-1 Washington- the final score.

Washington's Semyon Varlamov turned aside 32 of the 33 shots he faced while Pens netminder Marc-Andre Fleury stopped 29 of 32 shots faced.

IIHF WORLD JUNIOR CHAMPIONSHIPS: Jeez- I had no idea that these were underway until Monday night when the Maple Leafs announcers were updating the score of the USA/Canada game.....which alas, the USA lost 4-1. This means that the host USA will play Sweden in the Bronze medal game on Wednesday afternoon while Canada will take on Russia in the Gold medal game at Buffalo's HSBC Arena on Wednesday night.

MLB: Free agent and former Red Sox and Mariners 3B Adrian Beltre and the Texas Rangers have reached a preliminary agreement on a six-year, $96 million contract pending a physical late on Tuesday.