8th Circ. OKs Railroad Win In Dispatcher's Disability Bias Suit

By Braden Campbell (August 26, 2019, 8:06 PM EDT) -- The Eighth Circuit on Monday affirmed Union Pacific's win in a suit alleging it violated federal discrimination law by cutting ties with a disabled dispatcher who couldn't work overtime, saying the company could condition the job on her being able to work extra hours.

The unanimous panel said the railroad's mandate that dispatchers in its 24-hour call center be available for overtime meant being able to work extra hours was an "essential function" of bias accuser Tasha McNeil's job under the Americans with Disabilities Act.

Because McNeil could not fulfill this function due to her disability, Union Pacific Railroad Co. did...

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