“EEOC Seeks End To BNSF Attack On Right-To-Sue Notices”
The Equal Employment Opportunity Commission has urged a Texas federal court to put a quick end to a suit brought by BNSF Railway Co. that accused the agency of flouting the Americans With Disabilities Act when it issued dozens of right-to-sue notices, saying those letters are not subject to judicial review.
In a motion to dismiss filed Monday, the EEOC argued that 54 right-to-sue letters it sent following an investigation into BNSF’s compliance with the ADA are not final agency actions subject to judicial review under the Administrative Procedure Act. The agency in March notified dozens of workers that its investigation found reasonable cause to believe ADA violations had occurred and that the EEOC had decided not to bring suit itself against BNSF but that the individuals could file their own claims.
…BNSF is represented by Bryan P. Neal, Stephen F. Fink and Katy A. Mathews of Thompson & Knight LLP.