Federal Lawsuit Charges VIT Barred Employee from Position Because of Heart Condition
NORFOLK, Va. – Virginia International Terminals, LLC (VIT), a marine terminal operator headquartered in Norfolk, Virginia, violated federal law by refusing to allow an employee to return to his position following medical treatment for a heart condition, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the EEOC's lawsuit, the employee, who previously worked at Norfolk International Terminals as a hustler truck driver, was hospitalized because of a cardiac event and received an implantable cardioverter defibrillator. Although he was released by his cardiologist to return to work without restriction, the company would not allow him to drive a hustler truck because of his disability. A hustler truck is used to move shipping containers around the private roads of the marine terminal at a maximum speed of 20 miles per hour. The hustler truck position does not require a commercial driver’s license and hustler trucks do not operate on public roads. The EEOC alleges that VIT unlawfully imposed a permanent exclusion of the driver from his job as a hustler driver, and instead offered him work that paid less and/or provided fewer hours.
VIT’s alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits per se exclusions from employment because of a disability. The EEOC filed suit (EEOC v. Virginia International Terminals, LLC, Civil Action No. 2:24-cv-00590) in U.S. District Court for the Eastern District of Virginia, Norfolk Division, after first attempting to reach a voluntary, pre-litigation settlement through its conciliation process.
“Categorical exclusion of individuals with disabilities from certain positions violates the ADA,” said Melinda C. Dugas, EEOC’s regional attorney for the Charlotte District. “Employers are required to consider, among other things, an individual’s present ability to safely perform the job as determined by reasonable medical judgment, relying on the most current medical knowledge or best objective evidence.”
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC’s Charlotte District is charged with enforcing federal employment anti-discrimination laws in North Carolina, South Carolina, and Virginia.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.
