What Employers Need To Know After A Return-To-Work Policy Resulted In Major Lawsuit Verdict

"The U.S. District Court for the District of Oregon ruled in favor of a train conductor employed by the Union Pacific Railroad Co., who, after injuring his shoulder, was permitted to return to work by his medical team without restrictions following physical therapy sessions. However, Union Pacific blocked his return amid concerns of the possibility of injuring himself again-all without a specialized company evaluation."

"The policy prohibits employees from working in safety-sensitive jobs, in this case, the conductor having to climb ladders, if there is a one percent chance of "sudden incapacitation" each year. Even with a green light from the employee's medical team, the railroad company labeled any employee with a shoulder dislocation as having a permanent restriction, preventing them from performing job duties at full capacity."

The U.S. District Court for the District of Oregon found for a Union Pacific train conductor after the company barred his medical-team-cleared return following a shoulder injury. Union Pacific applied a blanket '1% rule' that disallowed employees from safety-sensitive roles if there was a one percent annual chance of sudden incapacitation, and labeled shoulder dislocations as permanent restrictions. The conductor sued under the ADA and Oregon disability law, arguing a lack of individualized assessment. A jury awarded $952,863 in front and back pay, $1 million in non-economic damages, and $25 million in punitive damages. Union Pacific's appeal failed.

Read at Black Enterprise