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EEOC Ignores Motor Carrier Retaliation

Sep
29,
2011
1

EEOCEstablished on July 2nd, 1965, The EEOC is an independent federal law enforcement agency that enforces laws against workplace discrimination, including retaliation against employees by their employer.

The Equal Employment Opportunity Commission states:

“The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

Apparently, retaliation against the professional truck driver by motor carriers through the use of the Dac Report, remain to go unnoticed by the EEOC. All of the laws are in favor of DAC, since the responsibility for proof is placed on the driver. HireRight DAC Trucking Solutions is not required to verify the information supplied by motor carriers until the report is disputed by the driver.

The DAC Report is responsible for the intentional blackballing of drivers from the trucking industry, with one report indicating that out of the 200 largest motor carriers in the U.S., over 85% use the information placed on DAC for hiring purposes. It is estimated that over 6,000 trucking companies subscribe to DAC Services.

Not only can false information on drivers’ DAC Reports end their driving career, but other consumer credit agencies can investigate various information from other sources such as DAC, causing a driver to receive a downgrade in credit score or even credit denial.

Motor carriers are required to notify the driver of his or her right to review the information on their DAC report, obtained from their previous employers. They are also required to inform the driver of their right to correct false information on the report, or to file rebuttal statements against the information provided.

HireRight DAC Trucking Solutions must also comply with the Fair and Accurate Credit Transactions Act (FACTA), providing a driver with a free copy of their DAC report once every twelve months, upon request by the driver.

If HireRight is able to verify the information as correct with the motor carrier, it will not be removed from the report and this is where a major injustice occurs. In this scenario, “verify” most often means that HireRight calls the motor carrier, asks if the information is correct, the motor carrier says, “yes”, and thus . . . information verified.

The FMCSA regulations consist of rules pertaining to agencies such as HireRight DAC Trucking Solutions, found in §391.23 of the FMCSR.  Furthermore, HireRight is supposed to follow the “Procedure in case of disputed accuracy”, as it pertains to the Fair Credit Reporting Act under Part § 611.

With all the rights available to professional truck drivers, proving information on the DAC report is false, continues to be one of the hardest battles a driver can face. With our false DAC reporting petition nearing 2,300 signatures, the EEOC should be able to find reasonable cause in determining that there is a serious problem with motor carriers falsifying drivers’ DAC reports.

Stories of DAC report abuse is not only limited to our petition . . . more drivers are coming forward and sharing their DAC experience in other forms of communication. For example, these 27 posts concerning false DAC reporting appear on the Complaints Board website, with the most recent story dated September 15th,2011.

With many other driver stories shared across the web in forums, blogs and various websites, where is the EEOC in investigating this issue? Perhaps there are so many that the problem is too overwhelming for the Equal Employment Opportunity Commission to undertake? Perhaps when it comes to fighting for employee rights pertaining to retaliation, professional truck drivers take a back seat to the EEOC.

If drivers would begin exercising their rights and flood the EEOC and OSHA with complaints against the DAC report, they would have to take notice.

It takes more than simply “talking among ourselves” about the problem with DAC . . . it takes ACTION.

© 2011 – 2014, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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One Response to EEOC Ignores Motor Carrier Retaliation. - Post a Comment

  1. Truck Driver Training

    DAC is getting worst with the truck drivers, The truck drivers should take one step further to fight back to their rights.

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