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MLSNA v. UNION PACIFIC R. CO.

No. 19-2780.

975 F.3d 629 (2020)

Mark MLSNA, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 2020.

Attorney(s) appearing for the Case

Adam W. Hansen , Attorney, Apollo Law LLC, Minneapolis, MN, Nicholas D. Thompson, Esq. , Attorney, Moody Law Firm, Portsmouth, VA, for Plaintiff-Appellant.

David P. Kennison , Scott P. Moore , Attorneys, Baird Holm LLP, Omaha, NE, for Defendant-Appellee.

Barbara L. Sloan , Attorney, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.

Before Easterbrook, Hamilton, and Brennan, Circuit Judges.

When the Federal Railroad Administration put in place new regulations related to hearing, a train conductor—who has been hearing-impaired since youth and has worn hearing aids for years—was caught in a bind. He passed a hearing acuity test, but only when using hearing aids without additional hearing protection...

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