Top of page
Law

Railroad Company Refuses to Allow Employee to Return to Work, Fed Charges

old train passing bridge

Chicago – Union Pacific Railroad Company is violating federal law by refusing to return an employee who once had a brain tumor to work as a custodian, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed.

According to the EEOC’s lawsuit, Union Pacific imposed unlawful restrictions on an employee who once had a brain tumor and then used those restrictions to justify its refusal to allow the employee to return to work as a custodian, a position Union Pacific claims is “safety-critical.” Without assessing the employee individually, and based solely on the employee’s history of having a tumor removed, Union Pacific instituted blanket restrictions out of unfounded fears that the employee would suffer from sudden incapacitation due to seizures, according to the EEOC. Union Pacific ignored the employee’s own doctors’ assessments that the employee was not at risk for sudden incapacitation and evidence that the employee fully recovered and had never had a seizure post-hospitalization, EEOC alleges.

Such alleged conduct violates the Americans with Disabilities Act, which prohibits workplace discrimination, including failure to return to work employees who are regarded as disabled but can perform the essential duties of an available job.

“Employers cannot impose restrictions on employees based on unreasonable fears. Rather, any restrictions must rely on an individualized assessment, based on reasonable medical evidence, of an employee’s ability to perform the essential functions of the job safely,” said Julianne Bowman, the EEOC’s district director in Chicago.

 

You might also like

gavel Shadowy, moody shot of a legal concept gavel Shadowy, moody shot of a legal concept

California Attorney and Filer of ADA lawsuits pleads guilty to filing false tax return

A California attorney and filer of thousands of disability discrimination…

blind student reading using Orbit Braille Reader blind student reading using Orbit Braille Reader

DOJ secures agreement with UC, Berkeley to make online content accessible

The Justice Department announced on November 21 that it has…

Disability Law book and stethoscope on the desk. Disability Law book and stethoscope on the desk.

New disability legislation to be drafted

The Tasmanian Liberal Government is committed to working with persons…

Gavel and law books Gavel and law books

Have your say on Ageing and Disability Commissioner legislation

“The NSW Government first introduced this legislation in 2019 to…