BNSF Asks 7th Circ. To Rehear Challenge In $1.3M Bias Suit

Law360 (August 26, 2020, 9:15 PM EDT) -- BNSF Railway Co. asked the Seventh Circuit Tuesday to reconsider its decision to uphold a former conductor's $1.3 million award over claims that he was fired because he's Black, arguing that the panel incorrectly treated mandatory proximate cause requirements as "mere optional alternatives."

BNSF argued that the court's initial decision to uphold Ron Morris' victory disregarded U.S Supreme Court precedent in Staub v. Proctor Hospital and several of its own rulings holding plaintiffs to a special standard when pursing a bias case against an employer whose final decision maker had not acted out of discrimination.  It urged the same three-judge panel or the...

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