Higgins v. Union Pacific Railroad Co., No. 18-1902 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's grant of summary judgment for Union Pacific in an action brought by plaintiff against the employer, alleging disparate treatment and failure to accommodate under the Americans with Disabilities Act (ADA). Plaintiff suffered from chronic back pain and wanted to take time off as necessary and to receive 24 hours of rest per shift (between shifts).
The court held that plaintiff could not establish a prima facie case of discrimination, because job attendance is an essential function of a Union Pacific Locomotive Engineer and plaintiff could not perform this essential function with or without reasonable accommodation.