Federal lawsuit filed against trucking company over HIV-discrimination
Lawyers representing PAM Transportation Services, Inc. have filed a motion in federal court asking that a lawsuit against the company for allegedly discriminating against an HIV-positive employee be dismissed.
The Equal Employment Opportunity Commission filed a lawsuit in October alleging that the Arkansas based company violated the Americans with Disabilities Act (ADA). The case is explained in an EEOC press release from Oct. 29:
The EEOC’s lawsuit (EEOC v. P.A.M. Transport Inc., Case No. 2:09CV13851) filed in the U.S. District Court for the Eastern District of Michigan, charged that P.A.M. Transport refused to allow the driver to return to work once he notified the company he was HIV-positive. P.A.M. requires all drivers to notify the company whenever any treatment is received from a medical professional. Because of this policy, the employee informed P.A.M. he had a routine appointment to monitor his HIV-positive status. The EEOC said that when the information was disclosed to the company, it required the driver to provide a full release of his medical records and refused to allow him to return to work.
The Commission’s lawsuit was filed on behalf of the individual employee, as well as a class of drivers who were also subjected to medical inquiries under the company’s broad policy.
But the Arkansas company filed paperwork in federal court because the court was unable to grant relief, reports the Arkansas Democrat-Gazette.
The EEOC press release says the Commission is seeking damages for the wrongful discharge:
The suit seeks to recover monetary damages for the employee and a class of drivers, including back pay, compensation for emotional distress and punitive damages. The EEOC filed suit after first attempting to reach a voluntary settlement.
