Issue link: https://read.dmtmag.com/i/708036
LEGAL LANE Unemployment – In 2009 and up until March of 2010 many drivers had to be on unemployment because companies weren't hiring. However, there were quite a few that decided to stay on unemployment as long as the benefits were available and our gov- ernment kept extending them so we've ended up with drivers with a lot of unemployment in the last three years. Many companies have policies related to how many months of not driving they'll allow in a 3-year period. Medical Concerns – Weight, Dia- betes, Sleep Apnea, and High Blood Pressure are all taking their toll on the driver populace. Many fleets have im- plemented work ability tests as part of their orientation process. Those that have implemented these tests tell me it has had a huge impact on their work related injuries. However, you have to be willing to let a truck sit empty even when this driver is qualified in every other way because you've sent him home for failing the work ability test. Here is my advice for carriers to increase their recruiting of qualified drivers. I find the internet is the number one place drivers go to find a job. You need to have a good on-line recruiting page and application that is not only PC but also Mobile compatible. You need to have a plan to immediately recruit direct applicants and to market to indirect applicants. There are several other major issues recruiting departments face such as the Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) enforcement. The EEOC laws have not changed, but the enforcement guidelines have and most carriers don't realize their current policies may put them in jeopardy. For instance, a carrier in New York had in their advertise- ment that they don't hire Felons. A potential driver calls and says – "I've got a felony will you hire me?" the recruiter says "no, we have a company policy that we don't hire anyone with a felony". The next call they got was from the EEOC. Here's the situation; about 1 in 3 African American men, about 1 in 6 Hispanics, and 1 in 17 White men have been incarcerated. So the EEOC has looked at this statistic and decided if you have a blanket policy that you won't hire anyone with a felony con- viction that you will have a "disparate impact" on Black and Hispanic men. Moreover, they don't think a criminal conviction should keep a person unem- ployed for the rest of their life. There are also some cities that have passed laws prohibiting the question on the application that asks "Have you ever been convicted of a felony." There are two ways for a carrier to address this: 56 August 2016 BestDriverJOBS www.bestdriverjobs.com legallane 0816.indd 3 7/12/16 2:15 PM