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Justice Department told the U.S. Supreme Court that BNSF Railway Co. didn’t violate a federal disability law when it rescinded an applicant’s job offer after he refused to pay for a required MRI, veering from the EEOC’s position in the case.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

To read the full article log in.

Learn more about a Bloomberg Law subscription