This sound is generated automatically. Let us know if you have any feedback.
Werner Enterprises and a driving school subsidiary of the company should paid over $36 million for damages related to a 2018 discrimination complaint, a jury found Sept. 1.
The complaint alleged that Werner failed to hire a driver because he was deaf and refused to hire him “because of his need for a reasonable accommodation.”
The Carrier denied the allegations in a 2018 court document filed in U.S. District Court in Nebraska, and a spokesman said Tuesday via email that the company is disappointed with the jury’s decision and is considering an appeal.
“Werner prides itself on promoting an inclusive workplace where our associates are encouraged to bring themselves to work, including our valued associates who may have a disability,” the company said in a statement this week to Trucking Dive.
The Equal Employment Opportunity Commission action concerned the Drivers Management subsidiary of the Werner driving school. The case arose after the carrier failed to hire driver Victor Robinson, who completed driving school training in 2016, according to according to the complaint. The agency also said in its complaint that Robinson was employed by several commercial truck driving companies and successfully worked as a commercial truck driver.
The jury ruled in favor of the EEOC in the case.
The jury’s award, which is still being litigated, consisted of two parts.
Robinson was awarded $75,000 in actual damages to compensate him for “suffering, suffering, mental anguish and loss of enjoyment of life.”
Meanwhile, $36 million is earmarked for punitive damages for “malicious or reckless disregard for Mr. Robinson’s right to be free from disability discrimination,” according to court documents.
The EEOC notes that an individual’s compensatory and punitive discrimination claims are limited to maximum amount of $300,000 for employers with more than 500 employees. A final decision could come after additional legal steps, including a hearing to consider back wages, an EEOC spokesperson told Trucking Dive.
Werner faces another ongoing EEOC lawsuit
Werner is still in the middle of another EEOC complaint that went before a federal grand jury in June. The case concerns another driver who is deaf, Andrew Deuschlewho filed a discrimination complaint after Werner allegedly failed to hire him in 2014 and 2015.
According to an amended complaint, Deuschle completed Amarillo College’s Truck Driving Academy in 2014 and tried to work for Werner before and after he gained experience as a driver at CR England.
In June the court ruled in favour of Werner regarding a failure-to-hire discrimination claim. The company said in an email this week that the two cases had nearly identical facts.
However, an EEOC spokesman said the second case is ongoing. The plaintiffs also alleged that the company further violated the Americans with Disabilities Act through a job screening question and illegally registered driver applicants who have disabilities.