Case: Incapacity Discrimination/Failure to Accommodate (E.D. Mo.)

August 6th, 2021, 8:36 pm

Union Pacific Railroad Co. is entitled to a summary judgment of disability discrimination and non-compliance with claims under the Americans with Disabilities Act of a retired “Skilled Signalman” with severe degenerative osteoarthritis in his left hip, a federal court in Missouri ruled. Union Pacific argued that the signal attendant could not prove that he was a “qualified person” as defined by the ADA and that Union Pacific acted in a discriminatory manner in relieving him of his safety duties after concerns about his field performance raised by the supervisors were told, had led to two proficiency tests and a functional field assessment showed that it should be restricted …

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