NORTH CAROLINA / MISSOURI — A Missouri-based trucking company has agreed to pay $50,000 to resolve an EEOC lawsuit alleging the carrier refused to hire a deaf truck driver applicant because of his disability.

Under a Feb. 9 consent decree, Wilson Logistics Inc. will pay former applicant Jerrell McCrary $50,000, which the court said covers backpay and emotional distress damages.

What the EEOC alleged

The Equal Employment Opportunity Commission said McCrary contacted Wilson Logistics looking for work as a truck driver and:

• held a commercial driver’s license (CDL)

• had relevant experience

• had a U.S. DOT exemption related to hearing requirements

The EEOC alleged that when McCrary communicated through a video relay service, a company representative told him he could not be hired because he did not “read, write, and speak English,” and further stated the company does not hire individuals who communicate through sign language.

What the company must do going forward

In addition to the payout, Wilson Logistics was ordered to take steps aimed at preventing future discrimination, including:

• employee training

• revising application materials

• updating its website to state the company is an Equal Opportunity Employer that welcomes and values all candidates

The EEOC emphasized that employers must not reject applicants based on disability without an individualized assessment.

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