October 29, 2019 / 10:46 PM / 22 days ago

ADA did not apply to obese BNSF applicant's future risk of impairment - 7th Circuit

A U.S. appeals court on Tuesday said BNSF Railway Co did not violate the federal law prohibiting disability discrimination by barring an obese worker from a “safety-sensitive” job because of his heightened risk of developing sleep apnea, heart disease and other disorders.

A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals said the ban on discriminating against workers because of perceived disabilities in the Americans with Disabilities Act (ADA) does not extend to a worker’s risk of future impairment, and reversed a federal judge who had refused to toss out plaintiff Ronald Shell’s case.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2pqEr2h

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