A former custodian at Cumberland County Schools is suing the Cumberland County Board of Education for unlawful employment discrimination, claiming he was fired after not being able to obtain a commercial driver’s license because of his disability.
James Weathers filed a civil lawsuit against the school board on Oct. 31 seeking damages, attorney’s fees and “and further relief as the Court deems just and proper” for his termination, which he alleges was a result of his disability. Weathers is a disabled veteran whose medical conditions — including tinnitus, glaucoma and high blood pressure — prevented him from attaining a commercial driver’s license, or CDL, according to the lawsuit.
“[These] conditions substantially limit Weathers’s ability to see and hear, as well as the functioning of his circulatory system,” the complaint states.
Lindsay Whitley, CCS associate superintendent of communications and community engagement, told CityView that the school district implemented a policy change in 2013 requiring certain classified employees to obtain a CDL to be able to drive school buses. The policy change aligned with updated federal regulations requiring that all bus drivers hold a CDL, and was enabled by a 2012 edict by the district superintendent that established the CDL requirement for classified employees with dual roles, Whitley said.
In his complaint, Weathers argues that the school board’s policy violates the Americans with Disabilities Act, as not all employees may be eligible to receive CDLs because of certain disabilities.
“The Board’s policy disproportionately excludes qualified individuals with a disability from employment,” the complaint states.
Case history
The lawsuit states that Weathers was initially hired as a custodian at Westover High School in June 2019, and while employed there “had no performance issues and was rated highly on his regular evaluations.”
Whitley, speaking on behalf of CCS, confirmed Weathers was hired in June 2019, and said his “primary assignment was as a custodian with a secondary bus driving responsibility.”
Whitley said employees are informed of the CDL requirement at their start day and must sign a written acknowledgement of the requirement.
Weathers alleges in the complaint that he was informed in October 2021, nearly two and a half years after he was hired in his role as a custodian, that “he must get a commercial driver’s license (‘CDL’) and learn to drive a school bus, or he would be fired.”
The incident described in the complaint would have coincided with CCS’s school bus driver shortage that peaked in 2021, when the district’s school bus drivers protested for better pay and staged a walk-out.
Weathers claims that the board allowed him to continue working through the end of the 2021–2022 school year, but informed him he would be fired “after the school year ended because he could not get a CDL.”
Weathers’ position was terminated in June 2022 at the end of the school year, according to the complaint. CCS also confirmed Weathers was employed by the school district until June 2022.
CCS did not answer queries as to whether Weathers was fired for the reasons stated in the complaint, but acknowledged employees have been let go in the past because they did not obtain CDLs. Whitley told CityView that CCS employees are given the option to apply to other district jobs when this happens.
“Classified CCS employees who did not meet the CDL requirements necessary for serving as a school bus driver have been separated from employment, with the option to re-apply for other positions with CCS that do not require eligibility to serve as a driver,” Whitley said in an email to CityView.
A CDL is more challenging to obtain than a regular driver’s license, in part because it requires meeting extensive physical health standards, including for vision, hearing and blood pressure. CCS on its website notes that school bus drivers must also pass a DOT physical examination.
In the complaint, Weathers’ attorney argues “the circumstances of Weathers’s discharge raise a reasonable inference of unlawful discrimination” because he was ineligible to obtain a CDL as a result of his disabilities.
What’s next
On Nov. 4, the case was selected for mediation, according to court documents. Mediation is a process by which parties in a legal dispute attempt to resolve the conflict without a formal trial.
Board of Education Chair Deanna Jones declined to comment on the pending litigation and referred CityView’s inquiries to the school board’s attorney and to Whitley. Whitley did not directly address questions about the ongoing litigation, such as if the Board of Education’s plans to challenge this litigation or if the board anticipates it will get resolved in mediation.
“The lawsuit was just served yesterday, and we are still reviewing the allegations,” Whitley said in an email to CityView on Wednesday. “However, it is our normal practice not to comment on pending litigation.”
Contact Evey Weisblat at eweisblat@cityviewnc.com or 216-527-3608. This story was made possible by donations from readers like you to CityView News Fund, a 501(c)(3) charitable organization committed to an informed democracy in Fayetteville and Cumberland County.
“Whitley said employees are informed of the CDL requirement at their start day and must sign a written acknowledgement of the requirement”. So then apply for another position as informed. So far I do not see where he has a disability. High blood pressure and other stated medical issues are now disabilities. Maybe the VA gives a disability rating but doesn’t mean you’re disabled. To sue, just listening to the ambulance chasing lawyers. I hope a Judge throws this out. This is beyond nonsense. My opinion.
He may not be qualified or meet requirements for other positions within the school system. If he was hired as a custodian, he should stay as a custodian. To fire him because he was denied a CDL because of his health issues by the DMV is foolishness. He essentially is being fired because of his health issues, not directly, no, but he can’t help that the DMV is denying him a CDL. Therefore he should keep his job.
The CDL requirement is a costly expense for taxpayers that needs to be addressed. The amount of money spent on all classified employees to receive training with paid time away from regular duties is exorbitant. Furthermore, how many of those CDL-licensed employees never actually use their licenses? Do we really want bus drivers to be used irregularly when they have no familiarity with transporting our kids in a bus? Bad policy!