Posts tagged Clarence Thomas.

Another chapter in a continuing saga.

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality.

Tommy-Eden.jpeg
Tommy Eden

That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal Motor Carrier Safety Administration, who spoke this week at a conference of the Substance Abuse Program Administrators Association. Mr. Moya said that the ...

Marcia McShane
Marcia McShane

I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat.

But the majority opinion is not what caused me to ...

The U.S. Federal Motor Carrier Safety Administration of the Department of Transportation announced yesterday that it is reducing by half the minimum percentage of drivers who must be randomly tested for controlled substances.

The change will take effect January 1.

Currently, employers are required to test at least 50 percent of their average number of commercial motor vehicle ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

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The ...

ROBIN’S NOTE: I am happy to feature as a guest blogger today Tommy Eden from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. Tommy drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association.

Tommy Eden.jpegMotor carriers have always taken drug abuse seriously, but they have ...

Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap*     In this manager's defense, he was ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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