TK Attorneys Mentioned in Law360 on 7th Circuit Court Ruling in BNSF / EEOC Case

“ADA Doesn’t Cover Obese Man’s Future Disabilities: 7th Circ.”

A Seventh Circuit appeals panel ruled Tuesday that an obese BNSF Railway Co. applicant can’t claim the transport titan violated the Americans with Disabilities Act when it held back a job offer over concerns about future possible health conditions related to the worker’s weight.

Ronald Shell’s suit against BNSF doesn’t hold up because the ADA only protects against discrimination based on disabilities a person already has, not ones they might develop in the future, the three-judge panel said in a unanimous decision.

…BNSF is represented by Bryan P. Neal and Stephen F. Fink of Thompson & Knight LLP.