Burlington Northern Santa Fe Railway Co. v. Feit

MEMORANDUM

Appellant Eric Feit appeals several district court orders, including orders denying summary judgment, in these diversity of citizenship actions originating as a petition for judicial review under the Montana Human Rights Act (“Human Rights Act” or “the Act”). Appellee Burlington Northern Santa Fe Railway Company (“BNSF”) timely filed a protective cross-appeal. Having carefully reviewed the contentions of the parties, we affirm.

1. We begin with an overview of the legal and procedural background of this case. The Human Rights Act prohibits an employer from refusing to employ a person on the basis of a “physical or mental disability.” Mont.. Code Ann. § 49-2-303(l)(a). A “physical or mental disability” is defined as “a physical or mental impairment that substantially limits one or more of a person’s major life' activities.” Id. § 49-2-101(19)(a)(i). This definition encompasses both actual and perceived impairments. See id. § 49—2—101(19)(a)(iii) (including “a condition regarded as such an impairment”).

“Impairment” is not defined in the Act or elsewhere in the Montana Code. But a regulation implementing the closest federal analogue, the Americans with Disabilities Act…