Wilson Logistics sued by EEOC for alleged discrimination

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Trucking news and briefs for Wednesday, Aug. 7, 2024:

EEOC suing Wilson Logistics for alleged discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Wilson Logistics (CCJ Top 250, No. 185) for allegedly refusing to hire a deaf truck driver because of his disability.

According to the lawsuit, Wilson Logistics allegedly violated the Americans with Disabilities Act (ADA), which prohibits companies from refusing to hire individuals with a disability.

EEOC said that the truck driver in question, Jerrell McCrary, is deaf and has held a waiver from the Federal Motor Carrier Safety Administration since 2021 allowing him to work as a truck driver. McCrary also held a CDL and had relevant experience when he called Wilson seeking employment as a truck driver.

The lawsuit claims that on or about Jan. 12, 2023, McCrary called Wilson’s recruiting line using a video relay service for deaf persons. The relay interpreter told the Wilson representative that she was a sign language interpreter calling for someone that uses sign language, and the Wilson representative responded that the company “cannot accept that over here.” After being told that McCrary held a CDL and had truck driving experience, the Wilson representative allegedly said, “I cannot bring in somebody who does sign language into our company. It’s one of our requirements.”

Wilson Logistics did not respond to an email inquiry from CCJ for comment on the allegations. This story will be updated with any comments.

“An employer cannot refuse to consider a job applicant because of a disability without conducting an individualized inquiry,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District. “The EEOC will continue to litigate cases in which qualified individuals with disabilities are summarily dismissed from the application process.”

EEOC’s lawsuit asks the court to block Wilson from continuing the alleged discriminatory practices and to require the company to institute policies and training programs to prevent future discrimination. The lawsuit also seeks backpay, a conditional job offer with paid training, if necessary, for McCrary, as well as compensation for non-economic damages, such as emotional suffering, inconvenience, humiliation, loss of enjoyment of life, loss of self-esteem and loss of civil rights.

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Carolinas waive hours regs for Tropical Storm Debby responders

Following the landfall of Tropical Storm Debby as a Category 1 hurricane Monday morning in Florida, and emergency declarations issued in Florida and Georgia, officials in the Carolinas are now following suit, issuing declarations for the storm, which is expected to remain along the South Carolina coast into the latter half of the week.

South Carolina Gov. Henry McMaster’s emergency declaration waives hours of service rules for truck drivers providing direct assistance to the emergency in the state, or in other states impacted by the storm, including North Carolina, Georgia and Florida.

The waiver applies to drivers transporting equipment, materials, or persons necessary for the restoration of utility services or debris removal and those transporting essential goods.

It also includes drivers hauling products such as food, water, medicine, medical supplies and equipment, fuels and petroleum products (including fuel oil, diesel oil, gasoline, kerosene, propane, liquid petroleum, and other refined petroleum products and related equipment or assets), livestock, poultry, feed for livestock and poultry, and crops and other agricultural products ready to be harvested (including timber and wood chips).

Likewise, North Carolina Gov. Roy Cooper issued an emergency declaration waiving HOS regs for drivers transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry; those transporting livestock, poultry, and crops ready to be harvested; and vehicles used in the restoration of utility and transportation services.

North Carolina's declaration also temporarily suspends weighing for vehicles used to transport livestock, poultry, livestock or poultry feed, or crops ready to be harvested.

CVSA crowns annual IDEA winner

The Commercial Vehicle Safety Alliance (CVSA) announced Tuesday that Darryl Tolle with Ryder System (CCJ Top 250, No. 12) has been selected as this year’s International Driver Excellence Award (IDEA) recipient.

Darryl Tolle CVSA IDEA winnerWith more than 41 years of crash-free professional driving experience behind the wheel, Tolle has driven 3.6 million safe miles -- 2.8 million of those miles during his 35-year tenure with Ryder.CVSA

“I was ecstatic. I had goosebumps,” said Tolle when recounting the moment he found out he was the 2024 CVSA IDEA winner. “I was at a loss for words.”

When Tolle first joined the Ryder team, he told the hiring manager he’d work at Ryder until he retired. Thirty-five years later, Tolle is still there.

“Thirty-five years at one company speaks for itself, but Darryl had it in him to go further than that,” said Corey McSweeney, logistics manager at Ryder. “He has a sense of duty not only to his company, but to his country as well. For the first 22 years of his employment with Ryder, Darryl was also serving in the Kentucky Army National Guard. It’s crazy to think that he’s had a whole career in the National Guard and a whole career with Ryder, all while being a family man through it all.”

CVSA’s International Driver Excellence Award isn’t the only award Tolle has received during his professional driving career. In July, Tolle received Ryder’s Driver of the Year Award – an award that recognizes the exemplary efforts of the company’s standout professional drivers – joining Ryder’s elite Driver of the Year Hall of Fame.

Tolle will attend the CVSA Annual Conference and Exhibition in Big Sky, Montana, in September where he will receive $5,000 and a crystal trophy at the general session and awards ceremony on Sept. 9.