Company to Pay over $36M for Failing to Hire Disabled Worker

A jury in Nebraska returned a verdict of $36.075M – $75k in compensatory damages and $36M in punitive damages – against logistics companies Drivers Management, LLC and Werner Enterprises, Inc. for refusing to hire and accommodate an applicant because he was deaf, in violation of the Americans with Disabilities Act.  The jury found that the applicant was qualified for the truck driving job for which he applied, but Werner’s Vice President of Safety told the applicant the company would not hire him because he could not hear.  Also, at trial, the Vice President testified that the Company continues to deny employment opportunities to deaf drivers.

What would a respectful workplace have done?

Respectful workplaces make hiring decisions based on an applicant’s skills and ability to perform the essential functions of the job – with or without a reasonable accommodation – and not based on any protected characteristic.  They also reasonably accommodate applicants and employees unless doing so would be an “undue hardship” on the company.  To determine whether it can reasonably accommodate an applicant or employee without undue hardship, a company must engage in the “interactive process” with the individual.  Do your decision-makers understand the interactive process?   

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