The Nation

MINNEAPOLIS – A Minnesota-based trucking company has been ordered to settle a federal lawsuit after a court said it discriminated against women truck drivers because of their sex. Stan Koch and Sons Trucking will pay $500,000 and furnish other relief to settle the lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced on Wednesday. According to the EEOC’s lawsuit, Koch’s use of the CRT Test, an isokinetic strength test developed by Davenport, Iowa-based Cost Reduction Technologies, Inc., discriminated against women truck drivers because of their sex. Specifically, the EEOC alleged that the CRT Test disproportionately screened out women who are qualified for truck driver positions at Koch. “Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination, including the use of employment practices that have a disparate impact on women because of their sex and that are not job-related and consistent with business necessity,” an EEOC news release stated. The EEOC filed suit in U.S. District Court for the District of Minnesota after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC recently won a similar case against Iowa-based tucking company Schuster Co. for use of the same physical abilities test. Prior to the parties coming to an agreement on damages and other equitable relief, a federal judge had ruled in the EEOC’s favor on liability, finding that the test disproportionately screened out women who had been given conditional offers of hire by Koch to work as truck drivers or who were already employed by the company and were required to take the test to return to work following an injury. In addition, the judge found that Koch did not present evidence to show that the test was job-related and consistent with business necessity. The five-year consent decree resolving the EEOC’s lawsuit against Koch was approved by Magistrate Judge Hildy Bowbeer on Dec. 6. The decree requires Koch to pay $500,000 in monetary damages and make job offers to a class of women whose job offers were revoked by Koch after they failed the CRT test. The decree enjoins Koch from using the CRT test, and, if it chooses to use any other physical abilities test that has a disparate impact on female drivers, it must first demonstrate that the test is job-related for the position in question and consistent with business necessity. The decree also requires Koch to make regular reports to the EEOC regarding its hiring practices for the duration of the decree. “Less than two months ago, on Oct. 22, the United States issued its National Strategy on Gender Equity and Equality,” said Julianne Bowman, the EEOC’s district director in Chicago. “This case, where the court found that the use of an isokinetic strength test as an employment screen was unlawful because it had a negative impact on women and it was not shown to serve any legitimate purpose that benefited the company, is an example of the type of enforcement activity the EEOC will take to help fulfill the goal of ensuring economic security to American women.” Gregory Gochanour, the EEOC’s regional attorney in Chicago, added, “This case should serve as a reminder to employers that when they use a hiring screen they cannot rely on justifications like ‘It seemed like common sense’ or ‘Of course it’s better to have stronger employees if the job has some physical tasks.’ Employers have to demonstrate with valid evidence that the tests they use can actually predict the outcomes they are looking for.”

WASHINGTON — A Pennsylvania third-party commercial driver’s license (CDL) examiner is facing wire fraud charges after authorities say he provided pre-signed CDL skills examination score sheets to a co-conspirator and kept applicants’ examination fees. A news release from the U.S. Department of Transportation’s Office of Inspector General (DOT-OIG) states that Roberto Correas knowingly gave the score sheets to an unnamed co-conspirator, who would then complete them with passing scores. The applicants were then given fraudulently obtained CDLs, according to the news release. In addition, between September and October 2018, Correas allegedly conducted CDL skills examinations for an unnamed company that charged CDL applicants $275 for each examination. However, authorities say that Correas didn’t submit those payments to the company and instead kept the money. DOT-OIG is conducting this investigation with the Federal Bureau of Investigation, assisted by the Federal Motor Carrier Safety Administration, the Pennsylvania State Police and the Pennsylvania Department of Transportation.

OKLAHOMA CITY – Love’s Travel Stops is now serving customers at three new Speedco locations that are open 24/7. The locations in Mosheim, Tennessee, Monroe, Louisiana, and Mims, Florida, offer tire, lube and light mechanical services, as well as DOT inspections, for professional drivers and fleets. “As we continue into the holiday season, and one of the busiest times of the year for professional drivers, we’ll continue to deliver fast and convenient service at Speedco and Love’s Truck Care locations across the country,” said Gary Price, executive vice president of Truck Care. “Love’s has over 420 locations in 41 states that are ready to serve drivers and help get them back on the road quickly and safely.”

WASHINGTON – The U.S. Department of Transportation’s (DOT) Build America Bureau (the Bureau) is providing a $338.6 million loan to the Chesapeake Bay Bridge Tunnel District. The money will help with construction of the Parallel Thimble Shoal Tunnel of the Chesapeake Bay Bridge Tunnel (CBBT) crossing. The loan provides a portion of the financing for a 5,700-foot tunnel connecting two southbound trestles of the existing CBBT, a 17.6-mile structure linking the Norfolk/Virginia Beach areas to Virginia’s Eastern Shore. The CBBT first opened to traffic in 1964. It currently includes more than 12 miles of low-level trestle in each direction, two one-mile tunnels each running beneath a shipping channel, two bridges, almost two miles of causeway, four man-made islands and over five miles of approach roads, totaling 23 miles.  Because of its proximity to the shore, peak travel season occurs during the summer months (May 15 to Sept. 15) with a significant portion of this traffic occurring on weekends. “The Bureau is pleased to support the Chesapeake Bay Bridge Parallel Thimble Shoal Tunnel project by refinancing the original loan to take advantage of lower interest rates,” said Build America Bureau Executive Director Morteza Farajian. “(This) announcement will help the community save millions of dollars, address the economic harm caused by the pandemic, and keep important public works projects moving forward.”

HOUSTON — Federal officials investigating a disputed $9 billion Houston area highway widening project heard the complaints of residents and activists on Monday who argued the proposal would cause lasting economic and environmental damage to their communities. Federal Highway Administration investigators are in Houston this week to review complaints about a proposal that would remake 24 miles along Interstate 45 and other roadways in the Houston area. The project was stalled in March when the federal agency began its probe. Supporters, including the Texas Transportation Commission, say the project would enhance driver safety, reduce traffic congestion, and address flood mitigation and disaster evacuation needs. But its critics, including community groups and some residents, say it won’t improve the area’s traffic woes and would subject mostly Black and Latino residents to more pollution, displacement and flooding while not improving public transportation options. Joetta Stevenson, president of the Greater Fifth Ward Super Neighborhood, a community group, was one of about 70 people who attended a meeting Monday at a Houston church and expressed concerns about the project to Stephanie Pollack, deputy administrator of the Federal Highway Administration. Stevenson and others talked about the long history of infrastructure projects that have depreciated wealth and exacerbated inequality in minority neighborhoods. “Every time a freeway is widened or created, once you leave, you leave nothing more than destruction and a bunch of people who can’t have a place to live. We have lost residents. We lost businesses,” Stevenson said. She said previous highways projects have “sliced and diced” Fifth Ward, a historically Black neighborhood. U.S. Rep Sheila Jackson Lee, a Houston Democrat, said she would not support the project until the concerns and questions of residents and community groups are answered. Officials with the Texas Department of Transportation, in charge of the expansion project, have said the agency “has worked extensively” with local governments and communities to “develop tangible solutions” to concerns. At the end of the meeting, Pollack said her agency is serious about making sure that federal transportation dollars are not used in a way that violates environmental or anti-discrimination laws. Following the meeting, Pollack and others toured several areas that would be affected by the project, including an elementary school and a public housing community. Pollack said she could not give residents and others answers to questions they had on Monday because the investigation was ongoing. “But I can tell you that we hear you, that what you’re saying will be taken into account as we complete those investigations,” she said. The Federal Highway Administration hasn’t indicated when its review might be finished. The dispute over the project comes as Transportation Secretary Pete Buttigieg has pledged to make racial equity a priority in his department. The project is considered an important test  of the Biden administration’s commitment to addressing a history of racial inequity in U.S. infrastructure projects. Last week, the Texas Transportation Commission announced it had reached an agreement with the Federal Highway Administration allowing the state to resume design work  on parts of a disputed project, which has been in the works for nearly two decades. Harris County, which includes Houston, has filed a federal lawsuit alleging that state officials ignored the project’s impact on neighborhoods. Last month, the county paused its lawsuit in the hopes of resolving concerns about the project.  

KNOXVILLE, Tenn. – There are now 55 more semi-truck parking spaces in western Missouri just north of Kansas City thanks to a new Pilot Travel Center that just opened along Interstate 29. Pilot officials said the new center in Faucett, Missouri, is located at the site of the former Farris Truck Stop at exit 35. The store “brings to the area a fully modernized facility that includes a Taco Bell, truck parking, spacious restrooms and showers and a wide selection of road-ready food, beverages and gear,” according to a news release. “We’ve been serving travelers in the state of Missouri for nearly 30 years and look forward to fueling more journeys with the opening of our 23rd location in Faucett,” said Jason Nordin, chief operator of Pilot Company. “We appreciate the history of the Ferris Truck Stop and are passionate about being that friendly place the community and drivers can count on for all their travel and trucking needs. Our team members, including some familiar faces that worked at the Ferris Truck Stop, are excited to welcome guests to experience everything our new travel center has to offer.” To celebrate the new location, guests are invited to attend a grand opening event at 11 a.m. Central Standard Time on Dec. 9. The event will include a ribbon-cutting, giveaways and a giving back check presentation of $5,000 to Mid-Buchanan R-V School District as part of Pilot Company’s longstanding commitment to supporting the communities it serves. The new Pilot Travel Center is expected to contribute an estimated $2.78 million in state and local tax revenue and will add approximately 50 jobs to the local community. The new Pilot features more than 12,800 square feet and offers many amenities, including 10 gasoline fueling positions and eight diesel lanes with high-speed pumps, along with a host of food offerings, seven showers, a driver’s lounge, public laundry and more.  

OKLAHOMA CITY – The holidays can be especially tough on military families who may spend thousands of miles apart on some of the most special days of the year. Additionally, the hardship of missing a loved one can be compounded if there is a financial need. As a way to make things easier, Love’s Travel Stops and Operation Homefront distributed 125 meal kits to preregistered families on Dec. 4 through Operation Homefront’s Holiday Meals for Military. Representatives from the Oklahoma City Thunder, including mascot “Rumble the Bison,” joined Love’s and Operation Homefront to hand out the kits, which included Thunder tickets. Operation Homefront is a national nonprofit whose mission is “to build strong, stable and secure military families,” according to a Love’s news release. In all, this year’s Holiday Meals for Military will put meals on the tables of more than 15,000 military families nationwide. “This is Love’s second year in a row to have hosted a Holiday Meals for Military event, and we couldn’t have been more excited,” said Jenny Love Meyer, chief culture officer and executive vice president of Love’s. “We love to see how excited the families are when they pick up the kits, and this year’s event was made better by the surprise element of tickets from our friends at the Thunder.” The event took place at Love’s Corporate Office in Oklahoma City. Meal kits included all the essentials for a traditional holiday meal and four ticket vouchers to a Thunder game of the family’s choice. “Military families are often far from loved ones during the holiday season, making it difficult for them to enjoy the traditions many Americans look forward to,” said Robin Carter, senior director of Operation Homefront. “Thanks to the continued support of generous partners, including Love’s, our Holiday Meals for Military program allows us to provide much-needed support to our military families so they can enjoy the holidays. It’s a tangible ‘thank you’ from the communities they have worked so hard to protect.” More information is available about Operation Homefront by clicking here.

MARTINSVILLE, Ind. — State highway officials expect to open a new section of the Interstate 69 extension project between Indianapolis and Bloomington by the end of December. That step will reopen the main route between the two cities that has been cut off as a 5-mile stretch of what was Indiana 37 through Martinsville was closed in January to upgrade the roadway and build interchanges. The state highway department said the closure allowed the work to be finished a year faster than if limited traffic was maintained through the work zone. While the section of highway will be open by Jan 1, some lane closures are possible through summer as crews finish detail work, agency spokeswoman Natalie Garrett told WTIU-TV. Work will then turn to upgrading the Indiana 37 corridor between Martinsville and I-465 on the southwest side of Indianapolis. No full closures are planned on that section as construction is expected to continue into 2024. The I-69 extension has been under construction through southwestern Indiana since 2008 and currently runs from Evansville to Martinsville. Martinsville Mayor Kenny Costin said the closure has caused many headaches as traffic was detoured through the city. “There are days you’re banging your head against the wall thinking, ‘Goodness, when’s this going to be done? This has been a pain,’” Costin said. “But when you look the entire whole picture, it has been good for the city.” The highway closure has led to more traffic in the city’s downtown and a boost for its businesses. “They said they thought they might be done at the end of November. I said, ‘Well, I hope not. Christmas is our time,’” said John Badger, owner of the Martinsville Candy Kitchen. “I wanted to keep the people coming through Martinsville.” Costin said he believed completion of the highway will set Martinsville up for growth as a bedroom city not too far from Bloomington or Indianapolis.

SANTA BARBARA, Calif. — A wildfire in Santa Barbara County that burned a total of 27 square miles and had forced a key highway to close earlier this year has been officially declared out, officials said Friday. Los Padres National Forest Officials said the Alisal Fire, which started during high winds on Oct. 11, was fully contained on Nov. 20 and that no smoke, flames or hot spots had been observed for more than 30 days. The blaze in the Santa Ynez mountains shut down U.S. 101 highway for several days in October after winds blasted flames down the face of the mountain range toward the Pacific Ocean and jumped the scenic coastal roadway. The cause of the fire remains under investigation.

WASHINGTON — A former executive for Roadrunner Transportation Systems Inc. has been sentenced to 24 months in federal prison for his role in a securities and accounting fraud scheme. According to a news release from the United States Attorney of the Eastern District of Wisconsin, Peter R. Armbruster, 62, of Milwaukee, Wisconsin, participated in a sophisticated accounting fraud scheme that resulted in Roadrunner filing materially false financial statements with the SEC for the third quarter of 2016. He was sentenced on Nov. 30. According to court documents and evidence produced at trial, Armbruster inflated Roadrunner’s reported income by misrepresenting the company’s expenses. The news release noted that “his actions caused the investing public to lose tens of millions of dollars when Roadrunner eventually announced that it would need to restate its previously filed financial statements, triggering a sharp drop in the company’s stock.” On July 29, following an 11-day trial, a jury convicted Armbruster of four counts of violating federal securities laws, including misleading a public company’s auditors, securities fraud, and keeping false books and records. “This sentence reflects the serious harm an executive caused by deliberately misleading shareholders, auditors, and the general public about the financial health of a publicly traded company,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “People deserve better from corporate management. The Criminal Division remains committed to fighting white-collar crime, protecting investors, and safeguarding the integrity of our markets from C-suite executives who commit accounting and securities fraud.” “Peter Armbruster failed to honestly perform his corporate duties, costing investors tens of millions of dollars in losses,” said acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division. “Corporate fraud remains a top priority for the FBI, as stamping out illegal activity like this scheme is essential to preserving confidence in our collective ability to invest for a brighter tomorrow. This sentencing shows that the FBI and our law enforcement partners vigilantly protect American investors from corporate fraud while holding accountable those who undermine our way of life.” Special Agent in Charge Andrea M. Kropf of the Department of Transportation Office of Inspector General, Midwestern Region said: “This sentencing sends a strong message that those who commit transportation-related financial fraud will be held accountable. Together with our law enforcement and prosecutorial partners, we will continue to identify, investigate, and pursue those who perpetrate complex criminal schemes for profit.” The FBI’s Milwaukee Division and the Department of Transportation’s Office of Inspector General are investigating the case.