| August 2014
Untitled-48 1 3/15/13 9:44 AM
Drivers sue over pre-employment reports
Six drivers filed a class-action lawsuit
last month against the Federal Motor
Carrier Safety Administration claim-
ing the agency "disparaged" their
safety records and diminished their
value by oversharing information on
their Pre-Employment Screening Pro-
gram reports for potential employers.
The drivers are seeking statutory
damages of $1,000 per alleged vio-
lation for themselves and every
member of the class, members
of which would be determined
by the court if the drivers win
FMCSA says its policy is
not to comment on pending
According to claims in the
court documents, PSP reports
are only to contain accident
reports and "reports of serious
driver-related safety violations."
The reports, which carriers
obtain from FMCSA, are relat-
ed to the agency's Compliance,
Safety, Accountability program
and draw upon the agency's
Motor Carrier Management In-
formation System. They include
three years' worth of inspection
data and five years' of crashes.
PSP reports for the six drivers
filing the suit, along with other
potential members of the class,
contained "violations of law not
determined by the Secretary [of
Transportation] to be 'serious
driver-related violations' under
circumstances where motor car-
riers are entitled only to receive
'serious driver-related safety
violation inspection reports,' "
according to the lawsuit.
The inclusion of such infor-
mation also violates the 1974
Privacy Act, the suit alleges.
The six plaintiffs are Thom-
as Flock of Nebo, Ill.; Dennis
Thompson of Mauk, Ga.;
Thomas Gooden of Hudson,
Fla.; Douglas Heisler of Peach
Bottom, Pa.; Walter Johnson
of Lawrence, Mass.; and Gayla
Kyle of Ogden, Kan.
Their PSP reports included
violations like excessive weight,
failure to use a seatbelt, and use
of a radar detector.