BNSF Wants Payment Order For Applicant Medical Tests Axed

Law360, Washington (May 2, 2016, 9:38 PM EDT) -- BNSF Railway Co. asked a Washington federal judge Friday to reverse her own order requiring the company to pay for medical tests of certain job applicants, saying an intervening Ninth Circuit decision reaffirmed its position that the Americans with Disabilities Act allows the company’s policy.

While maintaining U.S. District Judge Marsha J. Pechman’s order granting summary judgement to the Equal Employment Opportunity Commission was wrong when it was issued in January, BNSF said recent circuit court cases, including at the controlling Ninth Circuit, favored a rehearing because they made clear ADA plaintiffs must show they were blocked from winning a job...

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