Medical Or Possible Discrimination

Topic 20144 | Page 1

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Judy C.'s Comment
member avatar

I am a 57 year old female, I've had my CDL and been OTR for only 18 months, my DAC and MVR are clean, and I'm a 12 year cranial aneurysm survivor. I meet every criteria for this particular company, but they are requiring me to get a release form filled out by my doctor. Two problems with that: the form is asking for a cardiologist's signature (mine was cranial not aortic), and it was 12 years ago, my records were disposed of 7 years ago, and my neurosurgeon does thousands of clippings a year and won't remember mine. I have given them my latest MRI report that says that everything is fine. I've had 3 CDL medical exams and have passed every one with flying colors. Do y'all think this is a justified rejection or am I being discriminated against because of my age/sex?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Susan D. 's Comment
member avatar

Age/sex discrimination in Trucking doesn't exist as far as I know. Much to the contrary, most companies (mine especially) LOVES female drivers. They bluntly state that statistics show that women don't tend to engage in risky behaviours like men might, and therefore women are generally safer drivers. Do they discriminate against men? Certainly not.

What company did you apply to? The reason I ask is because different companies have different requirements. How long has it been since you drove OTR? How long have you had your CDL? And do you have a 160 training certificate?

The company you are applying to obviously wants/needs to make sure your health history won't come back to haunt them and nothing else.

As I mentioned, different companies have different requirements, regarding experience and how long ago that experience is. If it's been quite a few years since you drove, companies may want a refresher course.

Give us a little more information and maybe we can help steer you to a company that will give you a go.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Rick S.'s Comment
member avatar

Justified.

A 57 YO female with 18 months trouble free OTR , you should be able to write your own ticket without discrimination.

Perhaps a consultation with the original neuro - and he might sign off on a clean bill of health after an exam (or looking at your recent MRI's/records).

They just want to know you don't have something going on inside your head that's going to cut loose on you?

Is the move you're seeking something that's better than where you're already at (the grass is not always greener)?

Rick

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Truckin Along With Kearse's Comment
member avatar

What they are asking for is a physical fitness for duty NOW which has nothing to do with your past records. You don't need them. Get the doctors to evaluate you and state you are fit for duty now.

This is not so crazy. The USPS would have us get them all the time. It is all about lawsuits and liability. They just want documentation a doctor stated you are cleared so if God forbid something happens they can say you were checked out.

And I agree with sue. My FM said women are more careful. Many trainers would rather take a woman. We have plenty of older new drivers.

Good luck

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Judy C.'s Comment
member avatar

Wouldn't my annual DOT exam suffice? I have to do an annual exam because I (faithfully & religiously) use a CPAP. To get an exam an evaluation would cost upwards of $1400. I don't currently have insurance so it would be impossible to get one any time soon. As for being fit for duty, I was working in law enforcement at the time of my aneurysm and if there was any question about the success of the surgery, I would have been retired at that time.

Thank you for your response.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CPAP:

Constant Positive Airway Pressure

CPAP is a breathing assist device which is worn over the mouth or nose. It provides nighttime relief for individuals who suffer from Sleep Apnea.

Judy C.'s Comment
member avatar

Thank you, Rick. I take pride in my work and the company I work for if they deserve it. I appreciate the company wanting to cover their assets by being very thorough in their hiring practices...my search wouldn't be so difficult if more companies would be more picky. Going to my original doctor is not possible for 2 reasons: I moved several states away; and I don't have insurance right now. To be examined by another neuro would be upwards of $1400. I'm not wanting to die anytime soon, nor am I willing to put anyone else at risk, so I follow doctors orders and get exams and scans when I'm supposed to. (My next scan isn't due for another 8 years).

Would the grass be greener? Probably.

A 57 YO female with 18 months trouble free OTR , you should be able to write your own ticket without discrimination.

Perhaps a consultation with the original neuro - and he might sign off on a clean bill of health after an exam

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Judy C.'s Comment
member avatar

I got off my OTR truck in May, and worked for a local temp company for about 2 weeks. I've had my CDL since January of 2016, and have been driving since. I'm not sure what a 160 certificate is, but I hold a CDL-A with a hazmat/tanker endorsement.

I'd rather not give the company name in open forum because I haven't exhausted all my options with them. In their correspondence they cited DOT regulations, but it seems to me that if I pass the medical exam and give them the results of my clear brain scan it would suffice. That's why I'm questioning whether my age would have anything to do with it.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

ChrisEMT's Comment
member avatar

Just my .02 cents, since you have 18 months trouble free, and you pass your dot physicals, you could ask the company to pay for the exam to get the letter they require, since they are making it a job requirement.... you could always ask the labor board in both your home state as well as the state they are based on for direction on if that is a possibility... especially since your condition was 12 years ago....

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Judy C.'s Comment
member avatar

This is a great idea! Thank you! It may not get me anywhere, but I won't know if I don't ask. I'll keep you posted.

Old School's Comment
member avatar

Judy, most of us have had to jump through a few hoops to land a trucking job. It's not discrimination. If they didn't want you they would come up with a good reason and tell you - they do that all the time. If they are asking you to do something like this to clarify any questions or concerns they may have on your medical condition, it is a sure sign that they are interested in hiring you.

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