The Company’s decision was job-related and consistent with the business necessity to ensure the safety of the public, Union Pacific employees, and Complainant himself. Complainant cannot establish that the Company’s decision was actually pretext for discrimination. Furthermore, "'[u]nder the ADA, it is a defense to a charge of discrimination if an employee poses a direct threat to the health and safety of others.'" See Justice v. Crown Cork & Seal Co., 527 F.3d 1080, 1091 (10th Cir. 2008) (citing Borgialli v. Thunder Basin Coal Co., 235 F.3d 1284, 1290–91 (10th Cir. 2000). A direct threat is a "significant risk to the health and safety of others that cannot be eliminated by reasonable accommodation." See 42 U.S.C. § 12111(3). Here, as stated above, Union Pacific removed Complainant from service because working as a Train Crew employee that has not completed all the required exams and supply the information sought from the CMO poses a threat. He was returned to service upon completing those examinations and that medical information reflecting he could safely perform the essential functions of his
The Company’s decision was job-related and consistent with the business necessity to ensure the safety of the public, Union Pacific employees, and Complainant himself. Complainant cannot establish that the Company’s decision was actually pretext for discrimination. Furthermore, "'[u]nder the ADA, it is a defense to a charge of discrimination if an employee poses a direct threat to the health and safety of others.'" See Justice v. Crown Cork & Seal Co., 527 F.3d 1080, 1091 (10th Cir. 2008) (citing Borgialli v. Thunder Basin Coal Co., 235 F.3d 1284, 1290–91 (10th Cir. 2000). A direct threat is a "significant risk to the health and safety of others that cannot be eliminated by reasonable accommodation." See 42 U.S.C. § 12111(3). Here, as stated above, Union Pacific removed Complainant from service because working as a Train Crew employee that has not completed all the required exams and supply the information sought from the CMO poses a threat. He was returned to service upon completing those examinations and that medical information reflecting he could safely perform the essential functions of his