Tread carefully if hiring or driving in the US

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For businesses venturing into cross-border activities, diversifying their driver pool across jurisdictions is an emerging trend. However, this comes bundled with its own set of challenges. A landmark verdict against Werner Enterprises offers a key lesson in navigating these issues.


The case at a glance

Werner Enterprises faced a significant lawsuit over its decision against hiring a deaf driver, citing hearing regulation requirements by the US Department of Transportation. Though the driver had met all necessary prerequisites and secured federal exemptions, the US Equal Employment Opportunity Commission (EEOC) detected a breach of the Americans with Disabilities Act (ADA). The jury’s verdict emphasizes the importance of fair hiring practices, irrespective of disabilities.


The implications for Canadian companies:

  1. Legal landscape: Any engagement with the US, be it business operations or hiring drivers, exposes Canadian companies to the US legal system. Awareness of recent judgments can aid in risk mitigation.
  2. Ethical hiring: As businesses grapple with driver shortages and contemplate hiring across the border, understanding the nuances of hiring practices becomes paramount.
  3. Reputational risks: In a globally connected era, litigations, especially significant ones, can reverberate beyond borders, potentially affecting your brand’s image and your company’s reputation.

Strategies for safe hiring: Keep informed, constantly update hiring protocols, and ensure alignment with international standards and ethical practices.

Are you delving into cross-border hiring or considering the possibility? Let Westland be your guide in these uncharted territories. Reach out to us today to fortify your hiring practices against unforeseen challenges and analyze appropriate limits for legal exposures. Together, we’ll steer clear of potential pitfalls.