Job Record Sinks Union Pacific Worker's 9th Circ. ADA Case

Law360 (May 21, 2021, 4:15 PM EDT) -- The Ninth Circuit backed a trial court's dismissal of a prospective Union Pacific train crew worker's suit claiming the company yanked a job offer after learning he'd had a brain aneurysm, agreeing that he hadn't proved he was qualified to begin with.

The unanimous three-judge panel held Thursday that an Arizona federal court was right to grant judgment as a matter of law to Union Pacific Railroad Co. in Thomas Montgomery's Americans with Disabilities Act suit.

The lower court found that Montgomery couldn't show he was a qualified applicant before his offer was rescinded because he didn't provide evidence showing he...

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