Tale Lites Issue 60

SCOTUS Takes on Broker Liability - Mega Carrier sued by EEOC

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āš–ļø Supreme Court Takes on Broker Liability. Will Small Carriers Pay the Price?

The U.S. Supreme Court has entered the arena on one of the biggest issues you’ll hear from people in the industry including brokers on LinkedIn, and truckers on TikTok.

Should freight brokers be responsible when a carrier they hire causes a crash?

Right now, the answer depends on where the accident happens.

Some federal courts say brokers can be sued for negligent hiring.
Others say federal law protects them.

That split has created a legal patchwork where a broker could be liable in one state but immune in another.

After years of industry pressure, the Supreme Court finally agreed to settle it.

A decision is expected by June.

šŸš› What This Fight Is About

The entire case hinges on a 1994 federal law with a very long name: the Federal Aviation Administration Authorization Act (F4A).

The law says states cannot regulate a broker’s prices, routes, or services related to transporting freight, but there’s a catch. A second clause says states can still enforce motor vehicle safety regulations.

So the big question becomes:

šŸ‘‰ Does suing a broker for hiring a dangerous carrier count as safety enforcement
or
šŸ‘‰ Does it interfere with broker services protected by federal law?

The plaintiffs’ argument:

Brokers play a role in selecting carriers.
If they choose a dangerous one, they should face consequences.

Their solution is simple:
If brokers want to avoid lawsuits, hire safer carriers.

The brokers’ argument (led by broker giant C.H. Robinson):

Brokers don’t control trucks or drivers.

They say:

• FMCSA already vets carriers
• Lawsuits would force brokers to act like regulators
• It would fundamentally change how freight brokerage works

āš ļø The Small Carrier Problem

Justice Brett Kavanaugh warned that allowing broker liability could have an unintended side effect:

Small trucking companies could get squeezed out.

If brokers face lawsuits, they might play it safe and only hire large, established carriers with deep compliance departments.

That could make it harder for:

• Owner-operators
• Small fleets
• New carriers

šŸ‘€ The FMCSA Question

Another key moment came when the justices questioned whether the federal government’s vetting system is enough.

Justice Sonia Sotomayor pointed out that thousands of new carriers register every month, making it difficult to properly vet them all.

A government lawyer acknowledged the agency is understaffed, but noted the large number of roadside inspections performed each year.

The law might also create a strange loophole.

Under the statute:

• Interstate brokerage has a safety exception
• Intrastate brokerage does not

That could theoretically mean brokers face lawsuits for interstate loads but not local ones.

Even the justices admitted that outcome seems… odd.

šŸ‘‡My take

The Supreme Court didn’t tip its hand during oral arguments, but the ruling could reshape trucking in a major way. If brokers become liable for crashes, we could see:

• Stricter carrier vetting
• Fewer loads for small carriers
• More litigation across the industry

I personally believe brokers should be held liable. Life is about hard lessons, and the truth is when it comes to any business you have three options FAST, CHEAP, and GOOD! Unfortunately you only get two. Fast and Cheap has a price, and as these brokers ruthlessly bid and sell freight, their negligence by scapegoating the FMCSA doesn’t pass the smell test for me.

Decision expected: June 2026.

What do you think? For Driver Submissions, questions, and comments contact me at: [email protected] or Text me directly at 423-275-2444

Tale Lites Throwback

From April 1969. Is this accurate?

šŸ•ā€šŸ¦ŗ Schneider Hit With Disability Lawsuit Over Service Dog

A new federal lawsuit claims a major trucking company rescinded a job offer after learning an applicant needed a service dog for PTSD.

The U.S. Equal Employment Opportunity Commission (EEOC) is suing Schneider National, alleging the carrier violated federal disability law. The case was filed in U.S. District Court in Maryland.

šŸš› What Happened

According to the lawsuit:

• In September 2023, Schneider offered a qualified driver candidate a job in the Baltimore region
• The next day, the applicant disclosed she has PTSD and uses a service dog
• Schneider withdrew the job offer pending review

The applicant then provided documentation showing:

• The dog was certified as a service animal
• It was trained to help manage PTSD symptoms
• The dog had already accompanied her during CDL training and while driving trucks

Despite that, Schneider allegedly refused to allow the service dog in the truck, and the job offer never moved forward.

āš–ļø Why the EEOC Is Suing

The EEOC says this violates the Americans with Disabilities Act (ADA).

Under the law, employers must provide reasonable accommodations to qualified workers with disabilities unless doing so would create an undue hardship.

In this case, the EEOC argues allowing the service dog would have been a reasonable accommodation.

An EEOC regional attorney said employers cannot refuse to hire someone simply because they need accommodations related to a disability.

What Happens Now

Before filing the lawsuit, the EEOC says it attempted to resolve the issue through its pre-litigation settlement process, but negotiations failed. Now the case moves to federal court. If the EEOC wins, Schneider could face:

• Financial damages
• Policy changes
• Potential accommodations requirements for drivers

šŸ“© What are your thoughts?
Reply to this email or text (423) 275-2444 

🩺 Health Tip of the Week: Brush for Your Heart

Taking care of your teeth isn’t just about avoiding cavities, it can also protect your heart.

Research shows that poor dental hygiene can increase the risk of Heart Disease. When gum disease develops, bacteria from the mouth can enter the bloodstream and trigger inflammation in the arteries, which is linked to heart attacks and strokes.

The fix is simple:

• Brush twice a day
• Floss daily
• See a dentist regularly

Brushing your teeth is a two minute process. Another silent benefit you can do while brushing is to balance on one foot while you brush! Two birds with one stone. Being OTR it’s tough to find the time for regular cleanings, plan them as best as you can!

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