Celadon Sued By EEOC for Disability Discrimination

Trucking  Company Unlawfully Made Applicants Take Medical Examinations,  Shunned Qualified Applicants Because of Their Disabilities, Federal Agency Charged

INDIANAPOLIS – Celadon, Inc.,  a trucking company headquartered in Indianapolis,  unlawfully subjected applicants to medical examinations and failed to hire  qualified applicants because of disabilities or perceived ones, the U.S. Equal  Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According  to the EEOC's suit, Celadon performed medical examinations on applicants for  driving positions before making conditional offers of employment to them. The agency charged that Celadon conducted these  examinations in a manner inconsistent with the standards articulated by the U.S.  Department of Transportation / Federal Motor Carriers Administration, and then  used the results of those non-compliant examinations to reject qualified  applicants Celadon thought were disabled.

Such alleged conduct violates the ADA, which prohibits  employers from subjecting applicants to medical examinations before making a  conditional offer of employment, and also prohibits discrimination based on  disability or perceived disability. The  EEOC filed suit (EEOC v. Celadon Trucking  Services, Inc., Cause No.  1:12-cv-0275-SEB-TAB) in U.S. District Court for the Southern District  of Indiana, Indianapolis Division after first attempting to reach a  pre-litigation settlement through its conciliation process.

"Celadon  and all motor carriers must conduct medical examinations in accordance with the  ADA," said  Laurie Young, regional attorney for the Indianapolis District Office of the  EEOC. "Under the ADA,  an employer cannot conduct a medical examination of a job applicant until the employer  has given the applicant a job offer conditioned upon the applicant passing the examination.  The EEOC will enforce these  obligations."

The EEOC is  seeking compensatory and punitive damages against the company, as well as other  relief, including a permanent injunction to prevent the company from engaging  in any further employment practice that violates the ADA.

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on its web site at www.eeoc.gov. The EEOC's Indianapolis Office is located at 101 W. Ohio Street, Suite 1900. The toll-free telephone number is (800)  669-4000.