BNSF Says EEOC Flouted ADA With Enforcement Actions

Law360 (April 24, 2018, 10:12 PM EDT) -- BNSF Railway Co. slapped the U.S. Equal Employment Opportunity Commission with a lawsuit in Texas federal court Tuesday, alleging that the agency flouted the Americans with Disabilities Act by sending individuals right to sue notices based on an illegitimate charge from a former EEOC commissioner.

BNSF said in its complaint that the EEOC notified 54 individuals in March that they could sue the railroad operator based on a charge against the company six years ago from then-commissioner Stuart J. Ishimaru. The charge was not made under oath as the ADA necessitated and didn’t contain factual details about the allegations as the...

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