Statutory Interpretation – Americans with Disabilities Act

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7^th Circuit Court of Appeals

Case Name: Ronald Shell v. Burlington Northern Santa Fe Railway Company

Case No.: 19-1030

Officials: BAUER, MANION, and SCUDDER, Circuit Judges.

Focus: Statutory Interpretation – Americans with Disabilities Act

Burlington Northern Sante Fe Railroad Company refused to hire Ronald Shell solely because it believed his obesity presented an unacceptably high risk that he would develop certain medical conditions that would suddenly incapacitate him on the job. Shell sued BNSF under the Americans with Disabilities Act, alleging that BNSF discriminated against him based on a disability. BNSF moved for summary judgment and argued that the ADA’s definition of “disability” is not met where an employer regards an applicant as not presently having a disability but at high risk of developing one. Concluding that the ADA does reach discrimination based on a future impairment, the district court denied BNSF’s motion. We come to a contrary conclusion and reverse.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.