Issue link: https://read.dmtmag.com/i/710421
LEGAL LANE 16 // COMPANY DRIVER // AUGUST 2016 you're considering, this is completely legal and EEOC compliant. If you only test appli- cants with criminal records you'll be guilty of "disparate treatment" and then EEOC will call again. The next area is the FCRA. Again, the laws haven't changed, but in this case enforcement has been stepped up. Recruiting departments order MVR's, Employment Records, Criminal Records, and PSP Reports. All of these are consid- ered consumer reports and are regulated by the FCRA. Most recruiters know we have to have a signed release to order the PSP and any other consumer report when we have met the applicant in person. However, the FCRA section 604 paragraph B has a provision for trucking companies to order the MVR (from most states), criminal record, and employment record with verbal permission as long as we have notified the applicant of their consumer rights and our only interaction has been over the phone or some other electronic means. However, where I see a lot of companies failing is in the adverse action letters and this is where we are seeing increased enforcement. When you make a decision in whole or in part based on information contained in a con- sumer report on an applicant whom you've never met face to face you must send an ad- verse action letter. If you have met them face to face you have to send a pre-adverse action letter and then an adverse action letter. The pre-adverse action letter gives the applicant a chance to explain the situation and get it cor- rected if the report is flawed. Failing to send these letters can cost up to $1000 per occur- rence. Kelly has given us his overall view of the problems carriers have recruiting qualified drivers, but all these issues fall back on the driver. If you have a bad driving record you significantly reduce your chance of employ- ment. CD Jim C. Klepper is President of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non-moving violations. Jim is also president of Drivers Legal Plan, which allows member drivers access to his firm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered pharmacist, with considerable experience in alcohol and drug related cases. He is a law- yer that has focused on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Commercial Drivers License. 800-333-DRIVE (3748) or www.intersta- tetrucker.com and www.driverslegalplan.com