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What resources are available to assist commercial motor vehicle (CMV) drivers who experience sexual harassment or sexual assault in the workplace?

Anyone who is the victim of a sexual assault should immediately report such incidents to local law enforcement authorities for criminal investigation. For drivers who experience sexual harassment or discriminatory actions in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) is the Federal agency charged with investigating such claims. The EEOC also has authority to pursue settlements, or file lawsuits against companies or individuals found to have violated the law. More information on employees’ rights and how to file a complaint with the EEOC can be found on their website, https://www.eeoc.gov/youth/how-file-complaint. State or local fair employment practice agencies would be another potential resource for drivers subject to workplace sexual harassment or discrimination.

Last Updated : March 14, 2022

Entry-level driver theory training for the Class A and Class B CDL includes a unit of instruction covering whistleblower and coercion protections for commercial motor vehicle (CMV) drivers. Are drivers protected from retaliation for reporting sexual harassment, sexual assault and threats of assault or for refusing to drive a CMV that is unsafe?

Yes. This unit of instruction requires that driver-trainees be informed about the right of employees to question the safety practices of an employer without risk of losing their job or being subjected to other forms of retaliation. These protections extend to an employee who has filed a complaint with an employer alleging a violation of a security standard and to a driver who refuses to operate a CMV due to a “reasonable apprehension of serious injury” due to “the vehicle’s hazardous safety or security condition” (49 U.S.C. 31105(a)(B)(i),(ii)).

If a CMV driver is subject to sexual harassment, threat of sexual assault, or sexual assault by the employer, another driver, or a training instructor employed by the employer, the employer has violated basic security standards for a safe working environment. Allegations of sexual assault and threat of sexual assault should be investigated as crimes and constitute “a hazardous security condition” that could impair the driver’s ability to safely operate a CMV. The FMCSA strongly recommends that entry-level driver training providers address the whistleblower and coercion protections available to drivers facing these issues.

Last Updated : March 14, 2022

The contents of these frequently asked questions do not have the force and effect of law and are not meant to bind the public in any way. The documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.