Norfolk Railway Job Applicant Diabetes Discrimination Class Action Lawsuit

A class action lawsuit has been filed against Norfolk Southern Railway, alleging that the company maintains an unfair hiring practice that discriminates against applicants with diabetes and disqualifies them from employment. Plaintiff and Pennsylvania resident Scott Fedorowicz filed the suit on behalf of himself and others similarly situated. Specifically, the suit asserts Norfolk bases their disqualification practices on improper medical inquiries and misuse of diagnostic and treatment measures such as blood and urine tests in the context of screening applicants for employment.

 

Norfolk Southern Railway is a Norfolk, VA-based corporation specializing in railroad transport. Its employees are based in several domestic regions, as Norfolk conducts business in twenty-one different states. Because the company has received federal financial assistance, Norfolk is a covered employer under the Rehabilitation Act of 1973, which bars discrimination based on a disability. The lawsuit attempts to spotlight a string of specific actions by Norfolk, which illustrate their violations of federal Rehabilitation Act in regards to hiring people with disabilities.

 

On September 27, 2013, plaintiff Fedorowicz received a letter from Norfolk Railway medically disqualifying him from employment as a freight train conductor, a position for which he had recently applied. Fedorowicz had completed an on-line application, oral interview, and a background check. In disclosure of his diabetes, Fedorowicz had also submitted his medical records to Norfolk, as well as a letter from his physician that certified he was medically qualified for the requirements of the conductor position. On September 4, 2013, he had received a letter from Norfolk that stated, “Congratulations on your selection for employment.” Yet, the September 27, 2013 letter from Norfolk informed him of his disqualification for employment due to his diabetes and an 8.7 score on the glycosylated hemoglobin scale that was deemed “too high.”

 

Fedorowicz wrote a letter to Norfolk informing them of their violations of the Rehabilitation Act and improper use of medical testing for employment. The suit alleges his score on the glycosylated hemoglobin scale does not impair his abilities to do the job. Fedorowicz soon reapplied twice for the same position with Norfolk, but was denied employment based on more qualified applicants, and then told he did not pass the written test.

 

The class action suit asserts that Norfolk Southern Railway denies employment opportunities to applicants based on discriminatory medical data. Fedorowicz maintains he can fully and safely perform all duties for the position, despite his diabetes, and that Norfolk’s urine and blood testing practices confuse treatment goals with employment laws. The class is seeking to recoup for front and back pay, benefits, and compensatory damages, among others.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Job applicant sues Norfolk Southern Railroad alleging discrimination

September 18, 2015

The complaint alleges that Norfolk Southern Railroad violated federal law by refusing to hire employees with diabetes.

norfolk_southern_complaint.pdf

Case Event History

Job applicant sues Norfolk Southern Railroad alleging discrimination

September 18, 2015

The complaint alleges that Norfolk Southern Railroad violated federal law by refusing to hire employees with diabetes.

norfolk_southern_complaint.pdf
Tags: Diabetes, Disability Discrimination, Your Job