December 29, 2018 / 12:46 AM / 5 months ago

Split 5th Circuit revives disability bias claims against railroad

A U.S. appeals court has revived a former BNSF Railway Co trainman’s lawsuit claiming he was improperly placed on medical leave after he was diagnosed with Parkinson’s disease and coworkers raised concerns about his ability to do the job safely.

The 5th U.S. Circuit Court of Appeals in a 2-1 decision on Thursday said Michael Nall had adequately alleged that BNSF intended to force him out of the job he held for four decades because of his disability, and set him up to fail a series of tests that determined whether he could return to work.

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