A federal judge has ruled that Werner Enterprises, based in Omaha, must pay $300,000 plus $35,682 in lost wages to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission. The case was on behalf of Victor Robinson, a deaf driver who applied for a job with Werner in 2016 but was rejected. Despite being deaf, Robinson obtained a "hearing exemption" from the Federal Motor Carrier Safety Administration and graduated from a Werner-owned truck driving school.
In September, a jury found Werner in violation of the Americans with Disabilities Act for failing to hire Robinson and not providing reasonable accommodation for his disability. The jury awarded $36 million in punitive damages and $75,000 in compensatory damages to Robinson. However, federal law limits monetary damages to $300,000 in employment discrimination cases, and Judge John Gerrard reduced the damages to that amount, also awarding Robinson $35,682 for lost wages.
Werner had argued that it couldn't reasonably accommodate Robinson's disability to perform the essential functions of his position. The company had no further comment on the recent ruling, but in September, it mentioned considering an appeal, emphasizing its commitment to safety and avoiding actions that could cause harm.
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