May 14, 2018 / 10:49 AM / 5 months ago

In win for BNSF, 9th Circuit says ADA plaintiff bears burden of proof

A federal appeals court on Friday affirmed a jury verdict for Burlington Northern Santa Fe Railway Co in a lawsuit by a former engineer with sleep apnea, who accused the company of failing to accommodate his disability under the Americans with Disabilities Act.

The 9th U.S. Circuit Court of Appeals rejected Danny Snapp’s argument that, due to improper jury instructions, he was held to an unduly high burden of proof, and that the burden of disproving his claims should have shifted to BNSF because it had allegedly shirked its duty to engage in the interactive process of determining whether his disability could be reasonably accommodated.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2KZd45v

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