An appellate court sided with the Equal Employment Opportunity Commission (EEOC) in an employment rights lawsuit filed against trucking company Werner on behalf a deaf truck driver.
On July 10, 2025, the 8th U.S. Circuit Court of Appeals unanimously affirmed a judgment favoring the EEOC in a lawsuit initially filed against Omaha, Nebraska-based trucking company Werner in 2018, the agency announced on July 21.
According to the EEOC suit, “Werner told Victor Robinson that because he was deaf, they could not hire him as a truck driver, even though he had graduated from truck driving school, received his commercial driver license, and obtained from the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) an exemption from the hearing regulation for the operation of a commercial motor vehicle.”
The EEOC argued that Werner violated the Americans with Disabilities Act (ADA) “when it refused to hire a qualified deaf truck driver because he was deaf.”
In September 2023, a Nebraska jury sided with the EEOC and Robinson, awarding $75,000 in compensatory damages and $36 million in punitive damages, federal authorities said.
Following this judgement, the EEOC describes a flurry of legal countermeasures that ultimately led to the July 10 decision:
“The U.S. District Court for the District of Nebraska entered judgment in favor of EEOC, reducing the jury’s award to the statutory cap of $300,000 and awarding back pay and prejudgment interest. The district court also ordered injunctive relief requiring Werner to report certain information about deaf applicants to the EEOC.
Werner appealed to the circuit court, arguing the district court erred by: granting a directed verdict on the issue of causation; granting summary judgment in EEOC’s favor on certain affirmative defenses; making several adverse evidentiary rulings against Werner; denying Werner’s motions for judgment as a matter of law; granting injunctive relief, and awarding prejudgment interest.
The appellate court’s thorough opinion systematically analyzed each point the company raised on appeal. “[D]iscerning no error,” the court’s three-judge panel unanimously affirmed the judgment in its totality.“
“The ADA was signed 35 years ago, and it remains an important protection for people with disabilities in the workplace,” said Jennifer Goldstein, associate general counsel for the EEOC. “This is an important opinion—it recognized the trial court and jury’s decisions and is a clear win for enforcement of the law. No one should be judged by prejudice, and the EEOC will aggressively pursue violations of federal employment law, in trial courts and courts of appeal.”
“Companies must refrain from discriminating against people with disabilities and must offer reasonable accommodations,” said Gail Coleman, lead EEOC appellate attorney. “Deaf and hearing people alike should be able to work free from stereotypes and unfounded fears. The Court’s decision will help ensure employees are judged on their merits and help ensure that the rights secured by the Americans with Disabilities Act continue to have meaning.”
While federal regulations require CDL drivers to pass a hearing test, the FMCSA provides regularly provides exemptions to enable hard of hearing and deaf individuals to operate CMVs in interstate commerce.
