In the Charge of Discrimination filed on January 3, 2018, Sharon Evans (hereinafter “Charging Party”) alleges that Tri Star Freight System, Inc. discriminated against her based on her sex (Female) in violation of Title VII of the Civil Rights Act of 1964, by refusing to hire her as a Pickup & Delivery Driver, subjecting her to physical ability testing after a workplace injury, refusing to place her in her previous position of Line Haul Driver, and ultimately terminating her employment due to her failing the physical ability test. The Charging Party further alleges that her physician cleared her to return to duty as of November 13, 2017 and that Tri Star Freight System, Inc. did not subject male employees to the physical ability testing it subjected her to due to injury. Tri Star Freight System, Inc.’s thorough investigation into Charging Party’s claims confirms that there is no evidence to support her allegations of discrimination in any form. Therefore, Tri Star Freight System, Inc. respectfully requests that the Charge be dismissed in its entirety.
Before addressing the substantive issues raised in the Charge of Sex Discrimination, some preliminary items should be highlighted. First, the information provided below is based on Tri Star Freight System, Inc. ’s current understanding of the available evidence. Tri Star Freight System, Inc. reserves the right to submit additional relevant information, should any be revealed during its continuing investigation of this matter.
Second, Tri Star Freight System, Inc.’s submission of information during the course of the Agency’s investigation in no way constitutes a waiver of any available defenses or objections that it may seek to raise at a later time in this or any other proceeding.
Finally, in accordance with applicable law, including Title VII, and similar state and local regulations, the information provided by Tri Star Freight System, Inc. during the course of the Agency’s investigation shall be treated as sensitive, kept confidential, and not disclosed to any third parties, except as required by law.
FACTUAL BACKGROUND
- In business since 1987, Tri Star Freight System, Inc. is a Houston-based, family-owned and operated company. Tri Star Freight System, Inc. offers secure transportation of cargo using Intermodal, Van, and Flatbed, as well as Customized Warehousing, including container stripping and stuffing, crating, storage, transloading and inventory management. Corporate offices are located in Houston, Texas, with additional locations in Dallas, Texas, Jacksonville, Florida, Savannah, Georgia, Charleston, South Carolina, and Baltimore, Maryland. The Warehouse in Houston is a US Customs Bonded CFS Station. Tri Star Freight System, Inc. is also C-TPAT Certified, a Smartway Partner and a Certified Woman Owned Business.
- Charging Party’s Employment at Tri Star Freight System, Inc. began March 2007 as a Line Haul Driver out of the Houston, Texas terminal. In 2010, Charging Party became injured on-duty while working as a Line Haul Driver. After one month of modified activity and “sit-down” work, her physician released her with no restrictions back into her role as a Line Haul Driver. In May 2014, she applied for the Pickup & Delivery Driver position out of Dallas, Texas. She was not chosen for the Pickup & Delivery Driver position. During her tenure as a Line Haul Driver, Charging Party periodically filled in as the Pickup & Delivery Driver. In June 2017, she applied for the Pickup & Delivery Driver position out of Dallas, Texas. She continued working as a Line Haul Driver until she began her position on July 1, 2017 when she was hired as the Pickup & Delivery Driver out of Dallas on a three-month probationary period. Charging Party suffered a workplace injury on October 19, 2017 resulting in a badly sprained ankle. After she suffered said injury, Charging Party admitted immediately she was unable to perform the duties of a Pickup & Delivery Driver. Her physician advised she was able to perform “non-driving, light-duty” work. Charging Party underwent physical therapy during this time and was moved to a “non-driving, light-duty” position out of the Houston Terminal.
- Management provided Charging Party with work consistent with her physician release of “non-driving, light-duty.” After the “non-driving, light-duty” work dissipated and physical therapy was concluded, Charging Party expressed her desire to return to her position of Pickup & Delivery Driver. Dr. Anh Nguyen (Charging Party’s Physician) released Charging Party back to work “on a trial basis” and stated, “she was concerned that driving a truck with a stiff clutch might aggravate Sharon’s injury.” No absolute work release was provided by Dr. Nguyen. Bruce Zimmerman, Director of Safety for Tri Star Freight System, Inc. required Charging Party to take a physical ability test on November 13, 2017 to unequivocally prove she was physically able to perform the functions of her position. An independent third party, Advanced Ergonomics, Inc. administered the physical ability test. Advanced Ergonomics, Inc. administered the test based directly off the job description for the Pickup & Delivery Driver. Charging Party failed five of the six segments. Since Charging Party failed to pass the physical ability test and no other position was available at Tri Star Freight System, Inc. her employment was terminated.
TRI STAR FREIGHT SYSTEM, INC. RESPONSE TO THE CHARGE OF DISCRIMINATION
Under the basic framework imposed by the Supreme Court , Charging Party must first present a prima facie case of discrimination by establishing that:
- She is a member of a protected group;
- She was qualified for the position held;
- She suffered an adverse employment action, such as discharge; and
- Her discharge occurred in circumstances that give rise to an inference of discrimination.
It Is Impossible for Charging Party to Establish Even a Prima Facie Case of Sex Discrimination, as She Was Terminated Only After She Failed to Pass the Physical Ability Test
Charging Party worked for Tri Star Freight System, Inc. successfully for many years, and was awarded the position of Pickup & Delivery Driver without regard to her sex because she performed well during the times she filled in as the Pickup & Deliver Driver when assigned as Line Haul Driver. Regrettably, however, the sprained ankle she suffered, and her ultimate recovery did not allow her to pass the physical ability test to prove her capable of continuing in that position.
Accordingly, it is impossible for Charging Party to establish even a prima facie case of discrimination in any form, and the pending charge is subject to immediate dismissal on this ground alone.
It Is Impossible for Charging Party to Establish That Tri Star Freight System, Inc.’s Stated Reasons for Her Termination Constitute a Pretext for Sex Discrimination.
Even if it were possible for Charging Party to overcome this insurmountable evidentiary hurdle, establishment of a prima facie case raises merely a presumption of discrimination, which Tri Star Freight System, Inc. effectively has rebutted by articulating legitimate, nondiscriminatory reasons for its decision to terminate her employment – her failure to pass the physical ability test.
In short, it defies common sense to suggest that the decision to terminate Charging Party from a position in which she clearly could not perform suddenly occurred because of her sex and not the possibility that she could not perform the function of the position., the pending Charge of Discrimination must be dismissed on this additional ground.
CONCLUSION
Without question, the factual evidence in this case confirms that Charging Party’s sex played no role in any decision made with respect to her termination. There are several sound reasons to support the Agency’s dismissal of this Charge of Discrimination. Thus, Tri Star Freight System, Inc. respectfully requests that the EEOC issue a no probable cause finding in this case and dismiss the pending charge with prejudice, without further delay.
