This is an answer to the article “Court Dismisses Cross-Dressing Trucker’s Case” in the November 2002 issue of your magazine. Peter Oiler, a 21-year employee of Winn-Dixie, was fired because he admitted he was a cross-dresser while being off duty and non-paid. Mr. Oiler’s attorneys say the U.S. District judge’s decision, if it stands, should give all truck drivers pause. Anything a trucker does while off duty and non-paid could be used in a negative way, affecting his or her employment.
Since the definition of off duty is “pertaining to or during a period when a person is not at work,” and assuming he or she is not being paid, is it safe to assume they can pursue activities of their own choosing?
If a truck driver does not have a scheduled starting and quitting time, the motor carrier, with the help of the Department of Transportation, can control the entire life, liberty and pursuit of happiness of an off-duty, non-paid truck driver. This can be done by disciplinary actions or discharge of drivers because of all the loopholes and doubletalk in the DOT’s safety rules and regulations.
The real question here: Would Winn-Dixie have fired Mr. Oiler and the federal judge’s decision been different had he been a lumberjack during his off-duty, non-paid time?
David P. Gaibis Sr.
New Castle, Pa.
Stop the Tailgating
I would like to address an issue of great importance. But first I would like to state I am a retired trucker of 35 years of over-the-road driving. My safety record of over 3 million miles without a chargeable accident is my credential. The issue I wish to address is tailgating. I have personally witnessed several accidents resulting in both death and severe injury. This is one of the easiest accidents to avoid. All that is necessary is to follow at a safe distance. This distance will vary with existing road, weather and traffic conditions.
