Amtrak Off Rails In Rescinding Job Offer From Epileptic Employee, Pays $120K to Settle Suit

Amtrak’s withdrawal of a job offer to a machinist after finding out he had epilepsy has cost it $120,000, under a settlement reached between the company and the Equal Employment Opportunity Commission.

The EEOC had charged the railroad with violating the Americans With Disabilities Act by rescinding a job offer to Shawn Moe, a machinist journeyman at the Seattle rail yard, who had a history of three epileptic seizures over the course of his life.

Amtrak cited safety concerns, despite Moe’s record of safely working a similar job and despite his neurologist verifying to Amtrak that his epilepsy was successfully controlled on medication, that he had been seizure-free for years, and that he was able to safely perform the essential functions of the job without limitation while on medication.

The withdrawal came at a particular sensitive time for Moe, whose wife had just given birth to their first child.

Where Amtrak went of the rails in this case was in its failure to assess Moe’s actual ability to perform the essential functions of the job where potential safety concerns are raised.

Read more here about the lawsuit and settlement.


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