Pittsburgh Post-Gazette

Norfolk Southern agrees to settle discrimina­tion lawsuit

- By Eva Hill

Southern Corp. and Norfolk Southern Railway Co. agreed to pay $2.5 million to settle a disability discrimina­tion lawsuit brought by the U.S. Equal Employment Opportunit­y Commission.

The suit, which the EEOC filed in September 2017, alleged that Norfolk Southern excluded prospectiv­e workers with certain physical and mental conditions without determinin­g whether those conditions would actually affect the workers’ safety on the job.

Conditions that caused the railroad to turn away applicants or people returning from leave included cancer, diabetes, past drug addiction, arthritis, PTSD, heart conditions and “non-paralytic orthopedic impairment­s” (a category that includes conditions like chronic pain and bone or joint weakness), the commission alleged.

The EEOC accused Norfolk Southern of violating the Americans with Disabiliti­es Act, which states that a worker’s disability or an employer’s perception of a worker’s disability cannot be used as grounds to deny employment.

A spokesman for Norfolk Southern said the agreement “resolves a matter initiated by the EEOC well over a decade ago.”

Media relations manager Jeff DeGraff’s emailed statement in response to a request for comment said, “We are confident no disability discrimina­tion took place, but moving forward and focusing instead on our business and best-inclass employment practices is a better use of everyone’s time and resources. Norfolk Southern is committed to an inclusive work environmen­t that is free from all forms of discrimina­tion, includNorf­olk ing disability discrimina­tion.”

Norfolk Southern operates nearly 20,000 miles of Class I freight railway in the eastern United States. As of the end of the 2019 fiscal year, the company employed 24,587 people.

This is the second suit the railroad has settled with the EEOC this year.

In September 2018, the commission alleged that the company practiced age discrimina­tion in hiring, prioritizi­ng people under 52 years old for jobs because of a concern that older employees would retire soon after being hired. Norfolk Southern settled the suit in January 2020 for $350,000.

In the most recent case, in addition to the $2.5 million paid in the settlement, the commission said Norfolk Southern will need to implement proactive measures to prevent future discrimina­tion against people with disabiliti­es.

 ?? Andrew Rush/Post-Gazette ?? Trains and train cars in Norfolk Southern's Conway Yard in April in Freedom. The former Conrail yard is one of the largest yards in the United States.
Andrew Rush/Post-Gazette Trains and train cars in Norfolk Southern's Conway Yard in April in Freedom. The former Conrail yard is one of the largest yards in the United States.

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