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

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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