HOUSTON — A Union Pacific Railroad worker is alleging the company's fitness and duty evaluations violate the Americans with Disabilities Act (ADA).
Darryl LaChapelle, Sr., filed a complaint Aug. 14 in the U.S. District Court for the Southern District of Texas against Union Pacific Railroad alleging violation of the ADA.
LaChapelle is employed by Union Pacific in Houston. According to his complaint, in February of 2014, Union Pacific implemented a "Fitness-for-Duty" program requiring employees to disclose "any new diagnosis" relating to their health and submit to a "fitness-for-duty evaluation."
LaChapelle claims that in July of 2016, after having surgery on his hip and being released to return to work in October of 2016, he was "ordered" to climb and work with a forklift, even though he had not been trained to work with the forklift.
He alleges that the next day, he was removed from his job pending a fitness-for-duty evaluation in November, which he passed. In December, LaChapelle claims he was given "permanent work restrictions" with no accommodations and has not been allowed to return to his original position despite clearance from his doctor.
He also claims Union Pacific's program"disqualifies" workers from their positions even if their disability does not affect their job performance.
LaChapelle seeks monetary relief, interest and all other just relief. He is represented by David Schlesinger, James Kaster and Neil Pederson of Nichols, Kaster PLLP in Minneapolis.
U.S. District Court for the Southern District of Texas case number 4:20-CV-02862