BNSF Discriminated Against Injured Applicant: 9th Cir.

BNSF Railway improperly discriminated against a job applicant when it rescinded a job offer after he refused to pay for additional medical testing, the U.S. Court of Appeals for the Ninth Circuit ruled Aug. 29.

Russell Holt received a job offer from BNSF in 2011 for a senior patrol officer position, contingent on post-offer medical evaluations, which he completed, the court said. He’d suffered a past spinal injury, but three medical opinions concluded that the past injury didn’t present any current limitations to his job duties.

Yet BNSF wanted Holt to obtain an additional MRI at his own expense or ...