EEOC Says BNSF for Discriminating Against Injured Man

A lawsuit says BNSF Railway violated federal law by withdrawing a job offer to a qualified police applicant because of a back injury.

The Equal Employment Opportunity Commission says BNSF, based in Fort Worth, Texas, violated the Americans with Disabilities Act. The lawsuit filed Friday alleges Russell Holt received a conditional job offer to be a senior patrol officer with BNSF in 2011. During a subsequent medical exam, Holt disclosed a 2007 back injury.

The lawsuit says Holt, who had worked in law enforcement for more than 10 years, told the company he had never missed work due to the 2007 injury.

Holt says BNSF wanted him to pay for expensive medical testing, then withdrew the job offer. The EEOC is seeking monetary damages for Holt.

BNSF spokesman Gus Melonas says the company is reviewing the lawsuit. He says certain jobs have physical requirements, and BNSF was unable to determine whether Holt could meet those demands.