EEOC Sues BNSF Railway for Disability Discrimination and Retaliation
Federal lawsuit alleges company fired worker after requesting a reasonable accommodation during training
CHICAGO / October 19, 2026 — BNSF Railway Company violated federal law when it fired an employee because of his disability after he requested a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the lawsuit, the employee, who has Ehlers-Danlos Syndrome, a genetic condition which can result in painful joints, was hired as a BNSF laborer in Chicago in April 2023. During required field training in Overland Park, Kansas, he experienced hand pain while using a large spike maul for an extended period, and he asked to use a smaller-handled spike maul used by a supervisor. BNSF refused the request, failed to provide any alternative accommodation, and instead fired him, the suit said.
“This case reflects the EEOC’s commitment to ensuring that employees with disabilities receive the reasonable accommodations they need to perform their jobs,” said Christopher Lage, deputy EEOC general counsel. “Employers must engage in the interactive process rather than choosing to terminate workers who request accommodations.”
This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability, requires employers to provide reasonable accommodations, absent undue hardship, and protects employees from retaliation for requesting them. The EEOC filed suit (U.S. Equal Employment Opportunity Commission v. BNSF Railway Co., Case No. 1:26-cv-12745) in the U.S. District Court for the Northern District of Illinois after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
The EEOC seeks monetary damages, including back pay, compensatory and punitive damages, and injunctive relief against the employer to prevent similar unlawful conduct in the future.
For more information on disability discrimination and accommodations, please visit https://www.eeoc.gov/disability-discrimination and https://askjan.org/.
The EEOC’s Chicago District Office has jurisdiction over Illinois, Wisconsin, Minnesota, North Dakota, South Dakota, and Iowa.
The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.
Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)
