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,...
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