Higgins v. Union Pac. R.R. Co.

**Railroad Worker Loses Disability Accommodation and Retaliation Case** A Union Pacific Railroad employee sued the company claiming they failed to accommodate his disability, retaliated against him, and wrongfully terminated his employment. The worker argued that the railroad violated his rights under the Americans with Disabilities Act (ADA) when they enforced their attendance policy against him. The court ruled in favor of Union Pacific, granting the company's request to dismiss the case without a trial. The judge found that the railroad did not violate disability laws or illegally retaliate against the employee. The court determined that Union Pacific had legitimate business reasons for enforcing its attendance policy and that their actions were not discriminatory. **What This Means for Workers:** This case shows that employers can enforce attendance policies even when dealing with disabled employees, as long as they have valid business reasons and apply policies fairly. However, workers still have important rights under the ADA. If you have a disability affecting your work attendance, it's crucial to formally request accommodations in writing and document all communications with your employer. While this particular worker was unsuccessful, each case depends on its specific facts, and workers may still have valid claims when employers truly fail to provide reasonable accommodations.