Wilson Logistics to pay $50K to settle EEOC discrimination suit

Strafford-based Wilson Logistics agreed last week to pay $50,000 to Jerrell McCrary, a deaf truck driver, to settle a disability lawsuit filed July 31, 2024 by the U.S. Equal Employment Opportunity Commission.

Filed in federal court for the Middle District of North Carolina, the EEOC lawsuit alleged that the company, registered with the state under Transportation Management Group Inc., violated the Americans with Disabilities Act and the Civil Rights Act.

EEOC officials said in a Feb. 12 news release that McCrary, a job applicant, contacted Wilson Logistics seeking work as a truck driver. McCrary possessed a commercial driver’s license, relevant work experience and an exemption from hearing requirements by the U.S. Department of Transportation.

A Wilson Logistics representative told the applicant that the company did not hire individuals who communicate through sign language, EEOC officials said in the release. The Wilson Logistics representative also reportedly told the applicant the company would not hire someone who could not read, write and speak English.

According to a consent decree agreed to by both parties on Feb. 9, Wilson Logistics denied the EEOC’s allegations, including that it discriminated against the applicant or other applicants in violation of the ADA. The company agreed to pay the defendant to resolve the matter while admitting no wrongdoing, the consent decree states.

“The Americans with Disabilities Act protects job applicants as well as employees,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District, in the release. “An employer that refuses to consider a job applicant solely because the applicant has a disability violates federal law.”

Contacted by Springfield Business Journal, Wilson Logistics released a written comment that states, “Wilson Logistics denies any wrongdoing. The Company resolved this case with the EEOC to avoid the expense and uncertainty of trial. Wilson Logistics has no tolerance for unlawful discrimination and is committed to providing a workplace where everyone feels respected and valued.”

The decree requires Wilson Logistics not to discriminate against anyone with a disability through all phases of employment, including recruitment, hiring, training, promotions and other phases; it also requires Wilson Logistics not to discriminate against individuals with hearing-related disabilities who meet basic truck driver position requirements and also hold an exemption from hearing regulations issued by the U.S. Department of Transportation.

According to the decree, Wilson must ensure its job application materials, which require applicants to confirm they speak English, also ask whether the applicant holds a U.S. DOT hearing exemption. The company is also required to identify a point person to be notified of and oversee processing of all calls from individuals with hearing-related disabilities who inquire about employment.