“BNSF Applicant Asks 9th Circ. To Revisit Disability Bias Claim”
A BNSF Railway job applicant who recently saw the Ninth Circuit revive his obesity bias claim asked the appeals court to take another look, saying the decision not to resurrect allegations that he was discriminated against for perceived knee and back issues conflicted with circuit precedent.
Casey Taylor said in his rehearing petition on Friday that the Ninth Circuit shouldn’t have affirmed the dismissal of his disability bias claims relating to BNSF’s perceptions about his back and knees in a January ruling that also revived allegations that BNSF illegally rescinded a job offer because of his weight.
The decision clashed with the appellate court’s August ruling in EEOC v. BNSF Railway Co. , which found that it wasn’t relevant whether a job applicant actually had a back condition when the company assumed that he did and left it to him to prove otherwise, Taylor said.
…BNSF and Burlington Northern Railroad Holdings Inc. are represented by Bryan Neal of Thompson & Knight LLP, and Britenae Pierce of Ryan Swanson & Cleveland PLLC.