The federal government has joined 21 former rail workers in suing Union Pacific over the way it used a vision test to disqualify workers the railroad believed were color blind and might have trouble reading signals telling them to stop a train.
FILE - A Union Pacific train travels through Union, Neb., July 31, 2018. The federal government has joined a number of former workers in suing Union Pacific over the way it used its own vision test to disqualify workers the railroad believed were color blind and might have trouble reading signals telling them to stop a train. The new lawsuit was announced Monday, Oct. 2, 2023, by the Equal Employment Opportunity Commission.
Lawyers for the plaintiffs estimate nearly 2,000 of those people faced restrictions that kept them off the job for at least two years if not indefinitely. But the railroad hasn't significantly changed its policies since making that estimate in an earlier legal filing, meaning the number has likely grown in the past five years.
Often the railroad made its decisions after reviewing medical records and disqualified many even if their own doctors recommended they be allowed to return to work.“Everyone wants railroads to be safe,” said Gregory Gochanour, regional attorney for the EEOC’s Chicago District. “However, firing qualified, experienced employees for failing an invalid test of color vision does nothing to promote safety, and violates the ADA .
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