“DOJ Urges Justices To Reverse EEOC’s Disability-Bias Win”
The U.S. Department of Justice has again split from the U.S. Equal Employment Opportunity Commission on one of its legal stances, urging the U.S. Supreme Court to vacate the workplace-bias watchdog’s win in a disability discrimination case against BNSF Railway.
The DOJ, which argues for the EEOC when its suits reach the high court, filed a brief Thursday backing BNSF’s bid for review of a Ninth Circuit ruling that it violated the Americans With Disabilities Act by refusing to hire an applicant who wouldn’t pay for a pre-hire MRI proving his fitness to work.
… BNSF is represented by Bryan Neal and Stephen Fink of Thompson & Knight LLP and Andrew Tulumello and Lucas Townsend of Gibson Dunn & Crutcher LLP.