9th Circ. Revives Jilted BNSF Applicant's Obesity Bias Suit

By Vin Gurrieri (January 30, 2020, 2:49 PM EST) -- The Ninth Circuit on Thursday reopened a BNSF Railway job applicant's disability bias suit alleging the company illegally yanked a job offer because of his weight, saying there is enough evidence for a jury to find BNSF's perception that he was obese played a significant role in its decision.

A three-judge panel partially overturned a ruling by U.S. District Judge James L. Robart that granted BNSF Railway Co. summary judgment in a suit brought by Casey and Angelina Taylor, a married couple who accused BNSF of violating the Washington Law Against Discrimination.

The panel held that jurors could reasonably find that...

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