In a recent dispute, Werner once more faced defeat, with the topic of deaf drivers resulting in a lower dollar amount decision.
In a landmark decision, the Equal Employment Opportunity Commission (EEOC) has won a case against Werner Enterprises and its subsidiary, Drivers Management LLC, for violating the Americans with Disabilities Act (ADA) by failing to hire a deaf driver. An Omaha jury ruled in favour of the U.S., and Werner Enterprises was ordered to pay $335,682 as a result.
Victor Robinson, the deaf driver in question, had a medical variance from the Federal Motor Carrier Safety Administration (FMCSA) to obtain a Commercial Driver's License (CDL). After not being hired at Werner, Robinson worked for several other companies, but none of these jobs lasted long. He completed his training at Roadmaster, a driving school owned by Werner, with an interpreter for the deaf.
Despite being preapproved for employment by a recruiter in an email, Robinson was later informed he couldn't be hired due to his deafness. The district court determined that Robinson was qualified for the job, could perform essential functions with a reasonable accommodation, and Werner's refusal to hire him was not based on business necessity.
Werner lost an appeal in this case, with the appellate court not siding with the company on any of the points made in its appeal. The $372,000 award includes punitive damages, backpay, interest, and other costs.
This case highlights significant legal challenges related to ADA compliance in employment practices within the trucking industry. It serves as a reminder for companies to ensure that their hiring practices are inclusive and do not discriminate against individuals with disabilities.
Meanwhile, another broker liability case is knocking at the Supreme Court's door, involving C.H. Robinson. This case underscores the ongoing need for clarity in broker liability and the potential consequences for non-compliance with ADA regulations.
Elsewhere, AlFleet is pushing for the marriage of AI and trucking at a conference of mostly green investors. As the trucking industry continues to evolve, it remains crucial for companies to prioritise accessibility and inclusivity in their practices to ensure a fair and equitable workforce for all.
Sports teams in the trucking industry might aim to foster an inclusive environment, learning from the case of Werner Enterprises, where the refusal to hire a qualified deaf driver resulted in significant legal and financial repercussions. The ongoing case involving C.H. Robinson serves as another reminder of the need for clarity in broker liability and the potential consequences for non-compliance with ADA regulations.
