Legal Question in Discrimination Law in Washington

DOL retesting for CDL

I have been selected to a mandatory re testing of my CDL. I was told that DOL received stimulus money that they need to spend. So this is how they chose to spend it. I have had my CDL about a year and never had an infraction. Now I am told I must come in and be retested on driving/ walk through and every thing except written. This will be not only a hardship for myself but also my employer who will be without a driver for the day. I will have to take a day off work without pay which is going to be a hardship for me since I just got back to work and have payments to make. I believe this is a source of discrimination. Thanks Evan


Asked on 7/02/09, 3:18 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: DOL retesting for CDL

I can understand why this would be a pain in the neck (and elsewhere), but I'm not sure I see anything illegal about it.

First, it is only "discrimination" if you were selected out of the list of candidates for retesting for a particular reason (and not randomly.)

Second, even if you were selected for a reason, that's still legal unless you were selected for an illegal reason. It would be illegal to decide to retest you because of your gender, race, or national origin, to list some examples.

Nothing in your post suggests that illegal motives are present.

Is it fair? No, doesn't sound like it to me. Is it legal? Probably.

Good luck!

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Answered on 7/02/09, 4:16 pm


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