DOJ Urges Justices To Reverse EEOC’s Disability-Bias Win
Law360 (August 9, 2019, 4:32 PM EDT) — The U.S. Department of Justice has again split from the U.S. Equal Employment Opportunity Commission on one of its legal stances, urging the U.S. Supreme Court to vacate the workplace-bias watchdog’s win in a disability discrimination case against BNSF Railway.
The DOJ, which argues for the EEOC when its suits reach the high court, filed a brief Thursday backing BNSF’s bid for review of 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.
BNSF’s requirement that Russell Holt pay the…