Hartt Transportation v Stark

August 9, 2023

Hartt Transportation is a truckload carrier founded in 1948 that offers an excellent opportunity for drivers to build a fulfilling career with a company known for its high safety standards and quality fleet. Their impressive driver retention rate is a testament to their commitment to creating an exceptional work environment where professionalism and support meet.

The company has been in business for more than 70 years and is one of the largest truckload carriers in the Northeast. It was purchased by Bison Transport, a Canadian company, in December of last year, and operates a large fleet with more than 360 tractors and 2,100 trailers as well as a sizeable logistics offering.

In the course of his employment, Stark frequently reported mechanical issues on his vehicles to Hartt’s maintenance department via the DIR forms (Driver Inspection Reports). He understood that Hartt’s policies require drivers to inspect their trucks prior to each trip and after each day of hauling to ensure they are working properly. Moreover, Stark knew that Hartt did not permit its drivers to operate unsafe vehicles and that whenever a driver reports an issue with a vehicle, it is immediately taken out of rotation and made safe for operation.

At oral argument, Defendant’s counsel argued that Hartt had the absolute right to elicit information from its drivers during post-employment interviews, including those regarding health-related matters, and that Stark’s failure to disclose his neck injury fit within those parameters in that it was germane to his ability to perform his job and Hartt’s obligations to verify that its drivers are qualified pursuant to DOT regulations and to comply with workers’ compensation reporting duties.

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