“DOJ Tells High Court To Wipe Out EEOC’s Disability Bias Win”
The U.S. Department of Justice has dug in on its stance that BNSF Railway acted lawfully when it required a job seeker to pay for a company-mandated MRI, telling the U.S. Supreme Court to undo the U.S. Equal Employment Opportunity Commission’s win in its disability discrimination suit against the company.
The DOJ, which argues on the EEOC’s behalf when cases involving the agency land at the Supreme Court, urged the justices in a supplemental brief on Wednesday to grant BNSF’s petition to review 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. The DOJ asked the high court to vacate that decision and return it to the circuit court for further debate.