RONALD SHELL, Plaintiff-Appellee, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant-Appellant., 941 F.3d 331


Summary

HOLDINGS: [1]-The district court erred in denying a railroad company summary judgment on the job applicant's Americans with Disabilities Act claim under 42 U.S.C.S. § 12112(a) because with only proof that the company refused to hire him because of a fear that he would one day develop an impairment, the applicant failed to establish that the company regarded him as having a disability or that he was otherwise disabled under 42 U.S.C.S. § 12102(1), and absent the showing, he could not prevail on his claim of discrimination.