CHICAGO – Union Pacific violated federal law when it terminated conductors and locomotive engineers on the basis of perceived disability, used unlawful qualification standards to screen out individuals with disabilities, and subjected the employees to unlawful medical examinations and inquiries, the Equal Employment Opportunity Commission claims in a lawsuit filed against the railroad on Monday.
UP regularly requires its conductors and locomotive engineers to take vision tests, including tests of color vision, that are required by the Federal Railroad Administration. UP also required employees to pass the railroad’s own “light cannon” test. The test does not replicate real world conditions or accurately assess whether someone can identify the color of railway signals, the EEOC said in its lawsuit.
The employees all passed an initial color vision screening test prior to being required to take the light cannon test or provided medical documents confirming they did not have a color vision deficiency that would have prevented them from doing their jobs.
However, when they failed the light cannon test, UP removed them from their positions, put them on indefinite leave, and effectively fired them, despite having successfully performed as conductors or locomotive engineers for years, the EEOC claims. UP also required some to undergo inappropriate medical examinations and questioning.
EEOC says the railroad’s practices violate the Americans with Disabilities Act, which makes it unlawful to discriminate against qualified individuals with disabilities. The EEOC filed suit in U.S. District Court for the District of Minnesota after first attempting to reach a settlement. The EEOC seeks reinstatement, back pay, compensatory and punitive damages as well as changes to Union Pacific policies and practices.
“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.”
The suit was filed on behalf of 21 former workers. It’s the first case the government filed in what could eventually be hundreds of lawsuits over the way UP disqualified people with a variety of health issues.
The cases were once going to be part of a class-action lawsuit that the railroad estimated might include more than 7,000 workers who had to undergo what is called a “fitness-for-duty” review between 2014 and 2018, The Associated Press reported.
Union Pacific refused to enter into settlement talks with the EEOC. The railroad has said it was necessary to disqualify workers to ensure safety because it believed they had trouble seeing colors or developed health conditions that could lead to them becoming incapacitated.
“It is critical for the safety of our employees and communities where we operate that conductors and locomotive engineers correctly see and interpret the various signals that direct train movement,” railroad spokeswoman Kristen South told The AP.
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