“5th Circ. Closes Book On Worker’s ADA Suit Against BNSF”
The Fifth Circuit on Thursday refused to revive a disability discrimination lawsuit brought against BNSF Railway Co. by a laborer with various physical impairments, saying she didn’t prove that the company considered her disabled under the Americans with Disabilities Act.
A three-judge panel upheld a ruling by U.S. District Judge Reed Charles O’Connor awarding BNSF summary judgment over claims made by Kris Arthur, who had been rejected for a heavy-duty labor job after her medical records revealed that she had been suffering from numbness and other issues in her arm and neck.
BNSF is represented by Bryan Patrick Neal of Thompson & Knight LLP.