Failure to speak English does not automatically disqualify someone from driving a truck. One company found out there’s at least one exception to the rule.
That exception? Hearing-impaired drivers.
The Americans with Disabilities Act protects hearing-impaired individuals from workplace discrimination, including the hiring process. As long as an applicant can safely perform the job, their disability cannot be the basis of employment denial.
Strafford, Mo.-based Wilson Logistics found this out the hard way. Three years ago, the trucking company received a call from a video relay service calling on behalf of a hearing-impaired CDL holder inquiring about a job. The driver was quickly dismissed.
“I cannot bring somebody in who does not read, write and speak English,” a Wilson Logistics representative said, according to court documents. “It’s a DOT requirement.”
That company policy led to a lawsuit filed by the Equal Employment Opportunity Commission. The agency accused Wilson Logistics of violating the Americans with Disabilities Act by failing to hire the hearing-impaired driver.
Although U.S. Department of Transportation rules require truck drivers to be proficient in reading, writing, and speaking English, there is an exception. Hearing-impaired drivers can obtain a federal hearing exemption from the Federal Motor Carrier Safety Administration. In the Wilson Logistics case, the applicant already had that exemption.
Unfortunately, the driver had no way to indicate that he possessed the hearing exemption. The application did not ask about it.
In the lawsuit, the EEOC asked a federal North Carolina court to stop Wilson Logistics from rejecting hearing-impaired drivers. It also requested backpay and non-economic damages. Rather than go to trial, Wilson Logistics settled.
According to the consent decree, the trucking company must pay the driver $50,000. That includes $22,500 for “backpay” and $27,500 for emotional distress damage.
On top of compensation, Wilson Logistics must implement several internal changes related to disability discrimination. Such changes include:
- Cannot discriminate against a disability in all phases of employment, including recruitment, hiring, job assignments, promotion, training, etc.
- Must consider hearing-impaired drivers who meet basic requirements and possess a DOT exemption
- Update “Driver Qualifications Guidelines” to include anti-discrimination disclaimer which states “Wilson Logistics will consider all applications from deaf and hearing-impaired applicants who hold valid exemption from the FMCSA.”
- All employees must undergo training related to the Americans with Disabilities Act
- Must identify a point person who oversees calls from hearing-impaired individuals inquiring about employment
Regarding the job application, Wilson Logistics must remove the question about English proficiency and replace it with the following: “Do you read and speak English OR hold an exemption from federal hearing requirements?”
The consent decree is valid for two years.
Wilson Logistics is not the first trucking company the EEOC has gone after for failing to hire hearing-impaired drivers. In 2023, a jury awarded a hearing-impaired driver more than $36 million after Werner refused to hire him. That award was reduced to $300,000 due to federal law limits.
Werner took the case all the way to a federal appeals court. Last July, the Eighth Circuit affirmed the lower court’s ruling. In September, Werner satisfied the monetary judgment. Like Wilson Logistics, Werner must also implement several internal changes that will be subject to court monitoring. LL
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