BNSF Wants Full 5th Circ. Redo Of Disability Bias Ruling

Law360 (January 25, 2019, 9:41 PM EST) -- BNSF Railway Co. told the Fifth Circuit on Thursday that a divided appellate panel improperly revived a Texas disability discrimination lawsuit alleging the railroad didn't have an objectively reasonable process for evaluating whether a former employee with Parkinson's disease could safely perform his duties, insisting a rehearing of the full bench is warranted.

BNSF filed the petition for rehearing en banc to get the full Fifth Circuit to review a three-judge panel's Dec. 27 finding that there was enough evidence to create a material fact issue on the question of whether BNSF rigged its worker evaluation procedures to produce a certain outcome,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!