GLOW

Glow v. Union Pacific Railroad

Good Law
652 F. Supp. 2d 1135·2009 WL 2731020·22 Am. Disabilities Cas. (BNA) 1145·2009 U.S. Dist. LEXIS 75940
United States District Court, Eastern District of CaliforniaAugust 26, 2009CIV. S-08-1250 LKK/EFBCalifornia5,943 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiff is employed by defendant Union Pacific Railroad Company as a locomotive engineer. He has brought suit alleging that defendant, due to the condition of the equipment in some of defendant’s trains, violated the Federal Employers’ Liability Act, 45 U.S.C. § 51 , the Locomotive Inspection Act, 49 U.S.C. § 20701 , and by virtue of those conditions and other conduct violated the California Fair Employment and Housing Act, Cal. Gov’t Code § 12900. Pending before the court is defendant’s motion for summary judgment on all causes of action. The court resolves the motion on the papers and after oral argument. For the reasons stated herein, the motion is granted in part and denied in part.

I. BACKGROUND AND FACTS

Plaintiff is a locomotive engineer employed by defendant, who operates as an interstate common carrier. In early 2007, plaintiff was on medical leave and, in June 2007, returned to work. At that time, he was cleared to work without any restrictions.

The next month, he sent to defendant’s General Superintendent a note written by Dr. Jerome Sehofferman on a prescription pad that stated, “Reasonable accommodation, Ergonomic locomotive operator chair, Head/neck rest/…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.