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Trump Agencies Split in BNSF Disability Bias Case at High Court

Aug. 9, 2019, 10:15 AM

The Justice Department told the U.S. Supreme Court that BNSF Railway Co. didn’t violate a federal disability law when it rescinded an applicant’s job offer after he refused to pay for a required MRI, veering from the EEOC’s position in the case.

The high court should grant BNSF’s request to consider the case and then immediately vacate and remand a federal appeals court’s ruling in favor of the employee, U.S. Solicitor General Noel Francisco wrote in a brief Aug. 8. The U.S. Court of Appeals for the Ninth Circuit improperly found that rescinding the job offer was based on ...

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