BNSF Seeks Supreme Court Review of Worker Medical Testing Case

BNSF Railway Co. wants the U.S. Supreme Court to review a ruling that the company discriminated by requiring a possibly disabled worker to pay for company-compelled medical testing.

The railway informed the U.S. Court of Appeals for the Ninth Circuit of the move Feb. 28. BNSF’s petition for certiorari asks the justices to look at an August decision by the appeals court that upheld a big win for the Equal Employment Opportunity Commission.

The agency sued BNSF on behalf of Russell Holt, who the railway insisted needed to pay for his own MRI so the company could determine whether a ...