FRSA: Jury improperly instructed that RR cannot be liable for termination of laborer if it was based on “honestly held belief” that he violated safety rules by fouling track and was nearly hit by train… defense verdict reversed, remanded for new trial… Molloy reversed. [Read more…]
Obesity discrimination, conductor trainee
OBESITY DISCRIMINATION: MSC’s “dicta” as to EEOC interpretation of “physical or mental impairment” under ADA properly relied on in upholding HRC’s rejection of conductor trainee’s obesity impairment claim… Molloy affirmed (unpublished). [Read more…]
Discrimination, obesity, RR conductor applicant
DISCRIMINATION: MSC analyzed obesity in terms of actual body weight in determining that it might constitute disability, MHRA analyzed it in terms of BMI, no way to determine whether [Read more…]
Discrimination, obesity, impairment
DISCRIMINATION: Obesity not symptom of physiological disorder may be “physical or mental impairment” per MHRA if outside “normal range,” affects body system per EEOC… certified question from Molloy. [Read more…]
Discrimination, obesity impairment, certified
DISCRIMINATION: Obesity impairment certified question
from Molloy accepted in federal challenge of $494,641 HRC award [Read more…]
Jurisdiction, diversity, discrimination review
JURISDICTION: Age/disability discrimination judicial review claims against RR properly removed based on diversity since [Read more…]
Jurisdiction, HRC judicial review, $366,212 award
JURISDICTION: State legislatures cannot directly affect federal jurisdiction, Montana did not attempt to do so in HR judicial review procedure…Shamrock no longer good law in supplemental jurisdiction cases… Federal Court has diversity jurisdiction over HRC obese RR conductor candidate $366,212 award… Ostby reversed. [Read more…]