Burlington Northern Settles Genetic Testing Lawsuit

April 10, 2001
The Burlington Northern Santa Fe Railroad (BNSF) agreed Friday to\r\nsettle a union lawsuit filed after the railroad secretly subjected\r\nemployees to genetic testing.

The Burlington Northern Santa Fe Railroad (BNSF) agreed Friday to settle a union lawsuit filed after the railroad secretly subjected employees to genetic testing.

The railroad agreed to stop genetic testing of employees represented by the Brotherhood of Maintenance of Way and the Brotherhood of Locomotive Engineers.

Burlington Northern also agreed to destroy the test results and blood samples from the 18 workers who were tested.

The results also will be purged from the employees'' records, according to a copy of the settlement.

The railroad also said it would seek federal legislation to limit the scope of genetic testing by employers. As part of the settlement, the railroad denied violating any law.

There was no mention of damages in the settlement other than the railroad agreeing to pay $39,500 in legal fees.

Last month the company offered an apology to its employees who were secretly subjected to genetic testing.

Fort Worth, Texas-based BNSF was conducting the testing to see if employees were predisposed to carpal-tunnel syndrome, a wrist condition believed to be caused by repetitive hand motions.

BNSF agreed in February to stop its testing program after the federal Equal Employment Opportunity Commission (EEOC) filed a lawsuit contending it violated the Americans with Disabilities Act.

It was the first time that EEOC had challenged genetic testing.

According to BNSF, about 125 of the company''s 40,0000 employees filed claims since March 2000 for carpal tunnel syndrome-related injuries.

EEOC charged that a worker who refused to provide a blood sample after filing an injury claim was threatened with termination.

BNSF said none of the employees who completed medical examinations to support their claims received disciplinary action for refusing to take a blood test.

Burlington Northern''s testing program came to light when workers from Nebraska, North Dakota and Minnesota complained to the Brotherhood of Maintenance of Way.

The EEOC lawsuit is still pending.

by Virginia Sutcliffe

Sponsored Recommendations

ISO 45001: Occupational Health and Safety Management Systems (OHSMS)

March 28, 2024
ISO 45001 certification – reduce your organizational risk and promote occupational health and safety (OHS) by working with SGS to achieve certification or migrate to the new standard...

Want to Verify your GHG Emissions Inventory?

March 28, 2024
With the increased focus on climate change, measuring your organization’s carbon footprint is an important first action step. Our Green House Gas (GHG) verification services provide...

Download Free ESG White Paper

March 28, 2024
The Rise and Challenges of ESG – Your Journey to Enhanced Sustainability, Brand and Investor Potential

Free Webinar: Mining & ESG: The Sustainability Mandate

March 28, 2024
Participants in this webinar will understand the business drivers and challenges of ESG and sustainability performance, the 5 steps of the ESG and sustainability cycle, and prioritized...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!