Union Pacific Safety-Risk Rule at Issue in Worker’s Bias Appeal

Union Pacific Railroad Co.'s broad ban on hiring job seekers it believes present a greater than 1% chance of becoming suddenly incapacitated at work violates federal disability bias law because it doesn’t assess their individual circumstances, a group of rights advocates told the U.S. Court of Appeals for the Ninth Circuit.

Such blanket exclusions are illegal under the Americans with Disabilities Act because they screen out disabled workers who might still be qualified for the job, Legal Aid at Work said in an amici brief filed in advance of the May 3 oral argument in Thomas Montgomery’s lawsuit against the ...