“BNSF Says EEOC Flouted ADA With Enforcement Actions”
BNSF Railway Co. slapped the U.S. Equal Employment Opportunity Commission with a lawsuit in Texas federal court Tuesday, alleging that the agency flouted the Americans with Disabilities Act by sending individuals right to sue notices based on an illegitimate charge from a former EEOC commissioner.
BNSF said in its complaint that the EEOC notified 54 individuals in March that they could sue the railroad operator based on a charge against the company six years ago from then-commissioner Stuart J. Ishimaru. The charge was not made under oath as the ADA necessitated and didn’t contain factual details about the allegations as the EEOC required, BNSF said, and it wasn’t clear that Ishimaru was still a commissioner when the charge was filed.
…BNSF is represented by Stephen F. Fink, Katy A. Mathews and Bryan P. Neal of Thompson & Knight LLP.