BNSF Says EEOC Changed Stance Moots Win for Worker Over MRI (1)

BNSF Railway Co. told the Ninth Circuit that the position the Department of Justice adopted before the U.S. Supreme Court fatally undercut an EEOC win on behalf of a job applicant whose offer was rescinded when he wouldn’t pay for a company-required medical test.

The appeals court’s August 2018 decision affirming a judgment the Equal Employment Opportunity Commission obtained for Russell Holt was rendered moot by the DOJ brief filed with the justices in August 2019 supporting review of the case, the railway said in a Dec. 9 motion to vacate. The mootness also is fatal to the judgment that ...