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TAYLOR v. BURLINGTON NORTHERN RR HOLDINGS INC.

No. 16-35205.

904 F.3d 846 (2018)

Casey TAYLOR; Angelina Taylor, husband and wife and the marital community composed thereof, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD HOLDINGS INC., a Delaware Corporation licensed to do business in the State of Washington; BNSF Railway Company, a Delaware Corporation licensed to do business in the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2018.

Attorney(s) appearing for the Case

Shelby R. Frost Lemmel (argued) and Kenneth W. Masters , Masters Law Group P.L.L.C., Bainbridge Island, Washington; Jay R. Stephens , The Stephens Law Firm PS, Puyallup, Washington; for Plaintiffs-Appellants.

Bryan P. Neal (argued), Thompson & Knight LLP, Dallas, Texas; Britenae Pierce and Teruyuki S. Olsen , Ryan Swanson & Cleveland PLLC, Seattle, Washington; for Defendants-Appellees.

Paul D. Ramshaw (argued), Attorney; Margo Pave , Assistant General Counsel; Jennifer S. Goldstein , Associate General Counsel; P. David Lopez , General Counsel; Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C.; for Amicus Curiae Equal Employment Opportunity Commission.

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

ORDER CERTIFYING A QUESTION TO THE WASHINGTON SUPREME COURT

Casey Taylor alleges in part that his prospective employer, BNSF Railway Company (BNSF), discriminated against him in violation of the Washington Law Against Discrimination (WLAD) when it perceived him to be physically impaired and, as a result, withdrew his employment offer. This appeal raises an important question of Washington law: whether and when obesity qualifies as an "impairment" under the WLAD...

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