Union Pacific Beats Worker’s Bias Suit Over Incapacitation Risk

A Union Pacific Railroad Co. car inspector lost a lawsuit alleging his placement on work restrictions for five years because of brain injuries sustained in a motorcycle accident showed he was regarded as disabled.

The ruling by the US District Court for the District of Nebraska is the latest to address whether evidence that an employer views a worker as a risk of sudden incapacitation because of a medical issue establishes the present physical or mental impairment needed to prevail on an Americans with Disabilities Act claim. There are cases going both ways and Union Pacific and the employee each ...