Judge sharply reduces $36 million discrimination award against Werner Enterprises

A federal judge sharply reduced a jury’s $36 million punitive damage award against Werner Enterprises in a disability discrimination case.

Citing a statutory cap on such awards, Senior U.S. District Judge John M. Gerrard on Jan. 10 reduced the award to $300,000, plus $35,682.25 in back pay.

The case was filed by the Equal Employment Opportunity Commission on behalf of a driver against Drivers Management and Werner Enterprises.

Last September, a jury determined that Werner discriminated against Victor Robinson on the basis of him being deaf. The jury awarded $75,000 for Robinson’s pain and suffering and $36 million in punitive damages.

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Lawyers for Werner had argued that Robinson could not complete the trainer-observed over-the-road component of Werner’s training program. The company argued it could not hire inexperienced deaf drivers because of safety concerns.

But the jury found Robinson qualified and able to perform the essential functions of the job with a reasonable accommodation.

Gerrard also ordered Werner Enterprises, for a period of three years, to report to the court in writing every six months the name and contact information for any hearing-impaired applicant for an over-the-road truck driving position.

The company must report whether the applicant was hired, the basis for declining to hire, whether the driver was still employed after six months and, if not, the reason for the separation.

After the jury decision last year, Werner issued a statement saying the company prides itself on fostering an inclusive workplace.

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,” it said.

According to its website, Werner maintains offices in the United States, Canada, Mexico, China and Australia and is among the five largest truckload carriers in the United States. Its wholly owned subsidiary company, Drivers Management, employs, trains and manages drivers.

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