BNSF Railway Sued for Firing Employee Because of Their Disability

BNSF Railway Company violated federal law when it fired an employee because of his disability after he requested a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the lawsuit, the employee, who has Ehlers-Danlos Syndrome, a genetic condition which can result in painful joints, was hired as a BNSF laborer in Chicago in April 2023.

During required field training in Overland Park, Kansas, he experienced hand pain while using a large spike maul for an extended period, and he asked to use a smaller-handled spike maul used by a supervisor. BNSF refused the request, failed to provide any alternative accommodation, and instead fired him, the suit said.

This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability, requires employers to provide reasonable accommodations, absent undue hardship, and protects employees from retaliation for requesting them.

The EEOC seeks monetary damages, including back pay, compensatory and punitive damages, and injunctive relief against the employer to prevent similar unlawful conduct in the future.