Hearing-impaired worker fired: Was there an ADA accommodation?

A disabled employee failed a safety test and was fired, but now the company’s in hot water for not trying hard enough to find an ADA accommodation for the worker.

Here’s a breakdown of the case.

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Mark Mlsna was a train conductor with Union Pacific who had
a hearing disability. Employees were required to wear ear protection, but when
Mlsna wore it, his hearing was impaired even more

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Court revives Union Pacific conductor’s ADA claim, finding ‘extensive search’ for accommodation never occurred

Dive Brief:

  • A federal appeals court has revived a Union Pacific train conductor’s Americans with Disabilties Act (ADA) lawsuit, saying that the employer’s purported “extensive search” for accommodations never occurred (Mlsna v. Union Pacific Railroad Co., No. 19-2780 (7th Cir. Sept. 14, 2020)).
  • Union Pacific maintained rules related to hearing safety that were stricter than federal regulations. Namely, it required certain employees to wear ear protection that met
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