Union Pacific Worker’s Suit Revived Under Class Action Tolling

A Union Pacific Railroad Co. conductor wasn’t too late with his lawsuit alleging disability bias in the company’s fitness-for-duty program because his time to sue was tolled by a one-time class action, the Eighth Circuit ruled Tuesday on a novel issue.

With the decision, the circuit becomes the latest to address the timeliness of individual lawsuits filed throughout the US in the wake of the March 2020 decertification of a class that included more than 7,000 Union Pacific employees. The decisions all analyze American Pipe and Construction Co. v. Utah, a US Supreme Court case holding that the time ...