November 8, 2019 / 1:28 AM / 9 days ago

DOJ, EEOC at odds in SCOTUS case over BNSF medical testing of job applicant

The U.S. Department of Justice is backing BNSF Railway Co’s bid to have the U.S. Supreme Court overturn a federal appeals court ruling that said it unlawfully refused to hire a job applicant who would not pay for a medical test, even though the department represents the Equal Employment Opportunity Commission, which brought the lawsuit against the railroad.

The justices at their conference on Friday will consider BNSF’s petition for certiorari in the case. In an August brief, the office of the solicitor general told the court that it disagreed with the EEOC’s position in the 2014 lawsuit, and that the railroad had the right to ask the applicant to provide more information about a previous back injury.

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