Trucking news and briefs for Friday, Sept. 8, 2023:
A lawsuit filed in 2018 against Werner Enterprises (CCJ Top 250, No. 13) by the Equal Employment Opportunity Commission (EEOC) was resolved on Sept. 1 with a $36 million verdict against Werner for denying employment to a deaf truck driver, despite the driver receiving an exemption from the Federal Motor Carrier Safety Administration from its hearing regulation.
EEOC claimed that Werner’s refusal to hire the driver was a violation of the Americans with Disabilities Act.
While the Nebraska jury returned a verdict of $75,000 in compensatory damages and $36 million in punitive damages in favor of driver Victor Robinson, EEOC verdicts are capped at $300,000 for employers with more than 500 employees.
Werner said it was “disappointed with the jury’s decision,” and added that it is “evaluating its options relative to an appeal of this jury’s decision.”
“The company operates with the mantra that nothing we do is worth getting hurt or hurting others, whether that be its professional drivers, customers or the motoring public at large,” Werner said in a statement. “Werner prides itself on fostering an inclusive workplace where our associates are encouraged to bring their full selves to work, including our valued associates who may have a disability.”
According to court documents, Robinson completed truck driver training at Roadmaster Drivers School in Indianapolis and received his CDL in February 2016. He was pre-approved for employment by Werner, but during the pre-hiring process, was told by Werner’s Vice President of Safety that “because he could not hear, he would not be hired.”
