(Source: Bloomberg BNA, August 28, 2017)
NEW YORK — BNSF Railway doesn’t have to face trial on a locomotive engineer’s allegations that his discharge for attendance issues actually was prompted by his obstructive sleep apnea, a federal appeals court ruled ( Alamillo v. BNSF Ry. Co. , 2017 BL 299042, 9th Cir., No. 15-56091, 8/25/17 ). The Aug. 25 decision illustrates that employees who don’t mention that they have or may have a medical condition until after their employer has begun considering taking disciplinary action against them for work-rule violations will generally have a hard time proving disability discrimination. That may be so even where there is evidence of disability-related remarks by the employer.
Full story: Bloomberg BNA