Nicholas Defries v. Union Pacific Railroad Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS DeFRIES, No. 23-35119

Plaintiff-Appellant, D.C. No. 3:21-cv-00205-SB v.

UNION PACIFIC RAILROAD OPINION

COMPANY, a Delaware corporation,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted February 14, 2024 San Francisco, California

Filed June 14, 2024

Before: Sidney R. Thomas, David F. Hamilton,* and Morgan Christen, Circuit Judges.

Opinion by Judge David F. Hamilton

* The Honorable David F. Hamilton, United States Circuit Judge for the Seventh Circuit Court of Appeals, sitting by designation. SUMMARY**

Employment Discrimination / Statute of Limitations

The panel reversed the district court’s summary judgment in favor of Union Pacific Railroad Co. in an employment discrimination action brought under the Americans with Disabilities Act by Nicholas DeFries. DeFries was removed from duty as a conductor after he failed color-vision testing and Union Pacific routed him into its…