Union Pacific Workers’ Fitness-for-Duty Bias Case Split Into Six

Six workers who claim Union Pacific Railroad Co.‘s fitness-for-duty testing requirement and related medical inquiries discriminate based on disability and genetics must proceed individually and not as a group, the District of Nebraska ruled.

The grant of the railroad’s motion to sever relied in part on the U.S. Court of Appeals for the Eighth Circuit’s March 24 rejection of what was once a class action asserting the Americans with Disabilities Act and other rights of more than 7,000 workers nationwide. The class as certified had included workers in 650 or more unique jobs and sought $1 billion in damages. ...