Union Pacific Disability Bias Class Scrapped by 8th Cir. (2)

More than 7,000 current and former Union Pacific Railroad Co. employees must prove their disability discrimination claims individually, rather than as a class, a divided Eighth Circuit ruled in a case that tested the viability of challenging employer “fitness for duty” exams through class actions.

At issue was a Union Pacific policy that required workers to disclose their health conditions and medical histories, the results of which could screen them out of jobs or lead to their termination. Workers impacted by the test sued the company, and a federal court in Nebraska allowed them to move forward as a group ...