Surface Transportation Assistance Act
Congress enacted the Surface Transportation Assistance Act (‘STAA”) to “encourage employee reporting of noncompliance with safety regulations governing commercial motor vehicles.” Brock v. Roadway Express, 481 U.S. 252, 258 (1987). Under the STAA, it is unlawful for an employer to take an adverse employment action against an employee because the employee engaged in protected activity.
To be entitled to relief under the STAA, the employee must prove: 1) the employee engaged in protected activity; 2) the employer was aware of the protected activity; 3) the employee suffered adverse employment action; and 4) there is a causal nexus between adverse employment action and the protected activity.
Are you a covered driver under the STAA?
Court cases have determined that certain facts must exist to be protected by STAA. You must be in the private sector and a driver of, mechanic responsible for the maintenance and inspection of, freight handler or an individual (not employer) who directly affects commercial motor vehicle safety, of a commercial motor vehicle:
with a gross weight rating of at least 10,001 pounds; or that is designed or used to transport passengers for compensation (excluding vehicles providing taxi cab services and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places);
that is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation;
that is used in transporting material found by the Secretary of Transportation to be hazardous under Section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary of Transportation under Section 5103.