Case Background
Valerie Romo, a resident of San Bernardino County, California, filed an employment lawsuit against Werner Enterprises, Inc., a Nebraska-based trucking corporation that operated a facility at 10251 Calabash Avenue in Fontana, California. The case originated in the Superior Court of California, County of San Bernardino, under Case No. CIVSB2415831 on May 18, 2024. Werner Enterprises removed the action to the United States District Court for the Central District of California on June 20, 2024, where it proceeded under Case No. 5:24-cv-01293-SPG-SHK before the Honorable Sherilyn Peace Garnett.
Romo alleged that Werner Enterprises discriminated against her based on a physical disability, retaliated against her for requesting accommodations, and ultimately terminated her employment while she was on a disability-related leave of absence. Werner Enterprises denied all allegations and maintained that it acted lawfully and in good faith throughout its dealings with Romo.
Cause
Werner Enterprises hired Romo in or around December 2022 as a full-time truck driver. On or about April 17, 2023, Romo experienced excruciating pain in her right shoulder and back, which she attributed to the repetitive heavy lifting requirements of her position. She went to the emergency room. On April 18, 2023, following her release from the hospital, Romo received medical restrictions that limited her from lifting over 10 pounds for approximately one month.
On April 24, 2023, Werner Enterprises inquired when the restrictions would be lifted and communicated that Romo would need the ability to lift a minimum of 30 pounds to return to work. On April 25, 2023, the company placed Romo on a leave of absence.
On May 1, 2023, Romo received clearance to return to work with restrictions that limited lifting to 30 pounds and recommended office or desk work until MRI tests were completed. During her leave, Romo applied for less physically strenuous positions within the company that could accommodate her restrictions, but she did not receive a response.
Werner Enterprises extended Romo's leave through July 3, 2023, and later approved it through August 9, 2023. On August 8, 2023, the company communicated that Romo's medical leave of absence request was denied and closed, citing a failure to receive necessary medical documentation. The company stated it was moving forward with a voluntary resignation of Romo's employment for failure to return from leave. Romo responded that she had sent her doctor's notes weeks earlier. Werner Enterprises acknowledged receiving additional documentation on July 21, 2023, indicating Romo would be out until at least September 1, 2023, but stated it was unable to extend an indefinite leave of absence.
Injury
Romo alleged she suffered a physical disability involving her right shoulder and back that limited her ability to perform the heavy lifting duties required by her truck driver position.
Damages Sought
Romo sought general damages, special damages including lost wages, punitive damages, prejudgment and post-judgment interest, attorney fees and costs of suit, and other relief the Court deemed proper. She did not specify a total amount in controversy. According to a declaration filed in support of removal, Romo earned approximately $14,260.71 in gross wages during roughly four months of active employment at a rate of $15.50 per hour, with estimated annual earnings in the $40,000 range.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Valerie Romo
· Counsel for Plaintiff: Cathryn G. Fund | Bryce Kroetz | Jennifer A Lipski | Joseph Harper | Nicholas W Sarris
Defendant: Werner Enterprises, Inc.
· Counsel for Defendant: Peter B. Maretz | Christina J. Tantoy | Sarah Raoof
Claims
Romo brought five causes of action under the California Fair Employment and Housing Act. She alleged disability discrimination, claiming Werner Enterprises terminated her employment on the basis of her physical disability. She alleged retaliation, asserting the company terminated her for requesting or using a disability-related accommodation. She alleged failure to prevent discrimination or retaliation. She alleged failure to accommodate her physical disability, contending that with reasonable accommodation she could have performed all duties of her position. She alleged failure to engage in a timely, good-faith interactive process to determine effective reasonable accommodations.
Defense
Werner Enterprises denied all claims and raised thirty-one affirmative defenses. The company asserted it acted in good faith and without malice, maintained non-discriminatory and non-retaliatory reasons for all actions taken with respect to Romo, and argued it reasonably accommodated her disability. Werner Enterprises contended that accommodating Romo's alleged disability would have imposed an undue hardship on business operations and that Romo was unable to perform the essential duties of her position even with reasonable accommodation. The company also argued Romo failed to mitigate her damages, failed to exhaust administrative remedies, and failed to use preventative and corrective measures the employer provided.
Werner Enterprises admitted it hired Romo as a truck driver in December 2022, placed her on a medical leave of absence on April 25, 2023, and approved that leave through August 9, 2023. The company denied the remaining factual allegations and characterized several of Romo's claims as taken out of context and misleading.
Jury Verdict
The jury returned a special verdict on October 14, 2025, in favor of Werner Enterprises, Inc. on all five claims.
On the disability discrimination claim, the jury found that Werner Enterprises was an employer, that Romo was its employee, and that the company treated Romo as if she had a physical disability. The jury further found that Romo was not able to perform the essential job duties without an accommodation but was able to perform those duties with reasonable accommodation. The jury found that Werner Enterprises discharged Romo. However, the jury determined that Romo's physical disability was not a substantial motivating reason for Werner Enterprises' decision to discharge her.
On the retaliation claim, the jury found that Romo requested an accommodation for her physical disability and that Werner Enterprises discharged her. The jury determined that Romo's request for an accommodation was not a substantial motivating reason for the company's decision to discharge her.
On the failure to prevent claim, the jury found that Werner Enterprises did not fail to take all reasonable steps to prevent discrimination or retaliation.
On the failure to accommodate claim, the jury found that Romo had a physical disability that limited her ability to work, that Werner Enterprises knew of her disability, and that Romo was able to perform the essential job duties with reasonable accommodation. The jury found that Werner Enterprises did not fail to provide reasonable accommodation for Romo's physical disability.
On the failure to engage in the interactive process claim, the jury found that Romo had a physical disability limiting her ability to work, that she requested reasonable accommodation, and that she was willing to participate in an interactive process. The jury determined that Werner Enterprises did not fail to participate in a timely, good-faith interactive process with Romo.
Because the jury found in favor of Werner Enterprises on all claims, no damages were awarded.
Court documents are available upon request at [email protected]
