The U.S. Equal Employment Opportunity Commission has filed a lawsuit accusing an Arkansas-based trucking company of violating federal law by firing an employee after learning he was HIV-positive.
The EEOC’s lawsuit alleges that P.A.M. Transport refused to allow the driver to return to work once he notified the company he was HIV-positive. The agency says 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.
“Discharging an employee after learning he is HIV-positive without determining whether he can continue to perform his job violates the Americans with Disabilities Act,” said EEOC Trial Attorney Nedra Campbell. “Such a broad policy imposes disability-related inquiries that are not job-related and consistent with business necessity and therefore, violates the ADA.”
The suit seeks back pay, compensation for emotional distress, and punitive damages for a class of drivers.