Amtrak Settles Epilepsy Discrimination Case

The National Railroad Passenger Association, better known as Amtrak, recently settled a disability discrimination lawsuit involving a job applicant with epilepsy. The lawsuit, filed by the Equal Employment Opportunity Commission (EEOC), involved Shawn Moe.

Background

In April 2013, Shawn Moe applied for a job as a Machinist Journeyman at Amtrak’s mechanical yard in Seattle, Washington. Amtrak provided a conditional offer of employment, but withdrew the offer after Moe reported a history of epilepsy during a post-offer medical examination. Amtrak cited safety concerns as its justification for withdrawing the offer.

The Case

Amtrak, however, failed to consider that Moe had been seizure free with medication for years and that Moe received clearance from his neurologist, who assessed that he could perform all the duties of the job, including work on machinery and heights.

The Americans with Disabilities Act (ADA) prohibits disability discrimination by public or private employers with 15 or more employees. According to EEOC, an employer cannot withdraw a job offer from an applicant with epilepsy "if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat (that is, a significant risk of substantial harm) to the health or safety of herself or others that cannot be eliminated or reduced through reasonable accommodation."

Moe reported that epilepsy never kept him from safely doing his job when he worked for another locomotive company. He also found employment as a Railroad Machinist after Amtrak withdrew its job offer.

The Result

EEOC filed the lawsuit in August 2015 after attempts to reach a pre-litigation settlement failed. The lawsuit was recently settled through a consent decree, which awards Moe $112,000 in compensatory damages and lost wages. Amtrak also agreed to implement a modified ADA policy and train its staff on hiring and assessing for reasonable accommodations. This case is a major victory for job applicants and employees with epilepsy.

Read the EEOC’s press release about the settlement.