BNSF Denial For Obese Applicant Violates ADA, 7th Circ. Told

Law360 (September 26, 2019, 5:31 PM EDT) -- An obese BNSF Railway Co. applicant urged the Seventh Circuit on Thursday not to buy the railroad's claims that it rescinded his job offer based on concerns that he could develop disabilities.

The railroad wants the court to believe it was concerned about future risks when it denied Ronald Shell a job at one of its rail yards, but everything in BNSF's denial letter indicates that the railroad regarded Shell as currently disabled or impaired, Shell's lawyer said during oral arguments.

Shell worked for a third-party rail yard operations company and applied for a job with BNSF when the company decided to...

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