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E.E.O.C. v. BNSF RY. CO.

No. 16-35457.

902 F.3d 916 (2018)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. BNSF RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2018.

Amended September 12, 2018.

Attorney(s) appearing for the Case

Bryan P. Neal (argued) and Stephen F. Fink , Thompson & Knight LLP, Dallas, Texas; Kenneth J. Diamond , Winterbauer & Diamond PLLC, Seattle, Washington; for Defendant-Appellant.

Susan Ruth Oxford (argued), Attorney; Margo Pave , Assistant General Counsel; Jennifer S. Goldstein , Associate General Counsel; James L. Lee , Deputy General Counsel; U.S. Equal Employment Opportunity Commission, Washington, D.C.; for Plaintiff-Appellee.

John R. Annand and Rae T. Vann , NT Lakis LLP, Washington, D.C.; Kathryn Comerford Todd and Warren Postman , U.S. Chamber Litigation Center Inc., Washington, D.C.; for Amici Curiae Equal Employment Advisory Council and Chamber of Commerce of the United States of America.

Jeffrey L. Needle , Law Offices of Jeffrey L. Needle, Seattle, Washington; Jesse Wing , MacDonald Hoague & Bayless, Seattle, Washington; for Amicus Curiae Washington Employment Lawyers Association.

Before: Raymond C. Fisher, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

OPINION

Russell Holt received a conditional job offer from BNSF Railway Company ("BNSF") for the position of Senior Patrol Officer, contingent on Holt's satisfactory completion of a post-offer medical review. During that medical review, Holt disclosed that he had injured his back four years before, suffering a two...

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