LINCOLN – A federal jury has returned a $36 million verdict for a man who was deaf and was rejected by Omaha-based Werner Enterprises for a job as a truck driver despite graduating from the company’s driving school.
However, for such discrimination cases, punitive and compensatory damages for employers with 500 or more employees are capped at $300,000.
The discrimination case was filed by the U.S. Equal Employment Opportunity Commission on behalf of Victor Robinson, who applied for a job with Werner in 2016.
But he was rejected because he was deaf, even though he had received a “hearing exemption” from the Federal Motor Carrier Safety Administration and graduated from a truck driving school run by Werner.
Violation of ADA
The EEOC said in its lawsuit that the trucking company failed to take Robinson’s disability into account and violated the Americans with Disabilities Act.
Werner’s attorneys, in their legal response to the lawsuit, denied the allegations and claimed that the EEOC failed to make good faith conciliation efforts before filing a lawsuit.
“Robinson’s physical impairments could not be adequately addressed in order to perform the essential functions of his position,” Werner argued.
But a federal jury in Omaha took less than two hours to reach a verdict Friday after hearing testimony during a four-day trial. The jury awarded $75,000 in actual compensatory damages and $36 million in punitive damages, but the EEOC cap totals $300,000.
EEOC Chairwoman Charlotte Burrows said in a news release that the jury’s verdict and award “send a clear message to employers around the world that our country will not tolerate discrimination based on disability.”
For Werner, safety is the highest priority
“Deaf people, like everyone else, deserve a fair chance to earn a living and support themselves and their families,” added David Davis, director of the EEOC St. Louis District Office.
A spokeswoman for Werner said in an emailed statement Saturday that the company was disappointed and was considering an appeal.
Jill Samuelson, assistant vice president of marketing and communications, said another Omaha jury sided with Werner in a very similar lawsuit earlier this year.
“The company operates with the mantra that nothing we do is worth getting hurt or hurting others, whether they are professional drivers, customers or motorists in general,” Samuelson said.
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