Corporate Misconduct Accountability Project
Union Pacific Railroad Company · Jury verdict affirmed on appeal
Union Pacific Blocked Disabled Worker Over Unfair Fitness Test
Railroad giant refused reasonable accommodation for employee with arthritis, imposed work restrictions based on flawed cardiovascular test, and violated the Americans with Disabilities Act according to federal jury verdict.
HIGH SEVERITY
TL;DR
Union Pacific forced Allan Sanders, a longtime foreman general, to take a treadmill fitness test despite his osteoarthritis in both knees. When Sanders requested a bicycle test as a reasonable accommodation, the company refused and barred him from returning to work based on the incomplete treadmill results. A jury found Union Pacific violated the Americans with Disabilities Act on two counts: discriminating based on perceived disability and failing to provide reasonable accommodation. The railroad was ordered to pay Sanders over $1 million in damages.
This case exposes how corporations use rigid medical protocols to sideline workers rather than explore fair alternatives.
$1,023,424
Jury damages awarded to Sanders
86 lbs
Weight of knuckles Sanders had to lift
The Allegations: A Breakdown
Core Allegations
What Union Pacific did · 6 points
| 01 | Union Pacific required Allan Sanders to complete a Bruce protocol treadmill test to measure his aerobic capacity after he recovered from a bleeding ulcer and brief cardiac arrest. Sanders stopped the test early due to fatigue caused by pain in his arthritic knees, not heart problems. | high |
| 02 | Sanders requested that Union Pacific allow him to perform an alternate test on a bicycle because the bike would put less strain on his knees. The company refused and told him it would not accept the results of a bicycle test. | high |
| 03 | Based solely on the incomplete treadmill test results, Dr. Charbonneau concluded that Sanders had low aerobic capacity and would be unable to perform strenuous labor. He imposed work restrictions that prevented Sanders from returning to his job as foreman general. | high |
| 04 | Union Pacific perceived Sanders as having a heart impairment and restricted him from work on that basis, even though Sanders had fully recovered and his personal doctors cleared him for work without restrictions. | high |
| 05 | The company refused to engage in an interactive process with Sanders to identify suitable accommodations for his knee condition. A company employee simply informed Sanders that only treadmill test results would be acceptable. | high |
| 06 | Three physicians testified at trial that a bicycle test is a medically appropriate alternative to the treadmill test for someone with impaired knees. Union Pacific’s medical expert admitted the treadmill requirement was based on concern about Sanders’s heart, not objective medical evidence. | high |
Regulatory Failures
How the system enabled this discrimination · 4 points
| 01 | Union Pacific attempted to argue that relying on a company doctor’s evaluation insulated it from liability under the ADA. The Eighth Circuit rejected this defense, noting the 2008 ADA Amendments Act expanded coverage and eliminated loopholes for employer-driven medical opinions. | medium |
| 02 | The company tried to invoke a direct threat defense, claiming Sanders posed a significant safety risk. The jury rejected this argument after hearing expert testimony that Union Pacific’s determination was not objectively reasonable or based on the best available medical evidence. | high |
| 03 | Union Pacific’s fitness for duty protocols lacked flexibility for individualized assessment. The railroad imposed a one-size-fits-all treadmill requirement without considering whether alternate tests might more accurately measure an employee’s actual job capacity. | medium |
| 04 | The case required years of litigation and a full jury trial before Sanders obtained justice. Most workers lack the resources to pursue such lengthy legal battles, allowing similar discrimination to go unchallenged. | high |
Profit Over People
Why the company chose this path · 4 points
| 01 | Union Pacific’s inflexible testing policy suggests the company prioritized risk management and cost control over fair treatment of employees. Removing workers perceived as potential liabilities is cheaper than providing accommodations or individualized assessments. | high |
| 02 | Sanders had worked for Union Pacific for years and regularly performed physically demanding activities outside work, including ranching. Despite this track record, the company chose to disqualify him based on a single flawed test rather than consider his actual capabilities. | medium |
| 03 | The railroad’s associate medical director admitted he required the treadmill test and refused Sanders’s return to work because of concern that Sanders’s heart was impaired. This perception drove the employment decision, not Sanders’s actual ability to perform his job duties. | high |
| 04 | Union Pacific imposed work restrictions that completely barred Sanders from his position as foreman general. The company made no effort to explore modified duties, alternative roles, or other accommodations that might have allowed him to continue contributing. | medium |
Worker Exploitation
The human cost of corporate policy · 5 points
| 01 | Sanders worked as a foreman general overseeing train mechanics and was required to perform their duties when none were available. The job’s physical components included replacing 86-pound knuckles, but these tasks were performed only rarely and with assistance. | medium |
| 02 | After suffering a bleeding ulcer and brief cardiac arrest, Sanders underwent successful treatment and fully recovered. He was resuscitated, had surgery, and was cleared by his personal physicians to return to work without lifting limitations. | low |
| 03 | Sanders explained to Union Pacific that his fatigue during the treadmill test was due to knee pain from osteoarthritis, not cardiovascular problems. The company ignored this explanation and used the test results to justify permanent work restrictions. | high |
| 04 | Expert testimony at trial indicated Union Pacific’s decision to limit Sanders was completely uncalled for, completely wrong, and not based on any medical principles at all. The company prioritized its standardized protocol over medical reality. | high |
| 05 | Sanders testified he regularly performs physical activities such as ranching that are as strenuous as his work as a foreman general. This evidence demonstrated he retained the physical capacity to do his job despite the company’s assertions otherwise. | medium |
Public Health and Safety
Undermining worker wellbeing · 4 points
| 01 | Union Pacific’s refusal to accommodate Sanders’s knee condition during fitness testing violated the ADA requirement that employers administer tests in a manner that accurately reflects the employee’s ability rather than the limitations caused by disability. | high |
| 02 | Medical experts testified that Sanders’s knee condition and medication regimen rendered the treadmill test results inaccurate. The bicycle test would have provided a more reliable measure of his cardiovascular fitness for job duties. | high |
| 03 | By imposing testing requirements that disadvantaged workers with joint problems, Union Pacific created barriers that could discourage employees from seeking necessary medical care or disclosing health conditions that require accommodation. | medium |
| 04 | The company’s medical director focused on perceived cardiovascular risk rather than Sanders’s demonstrated ability to perform job functions. This approach conflated medical concerns with job performance in ways that unfairly penalized the employee. | medium |
Corporate Accountability Failures
How Union Pacific avoided responsibility · 5 points
| 01 | Union Pacific filed a motion for judgment as a matter of law attempting to overturn the jury verdict. The district court denied the motion, and the Eighth Circuit Court of Appeals affirmed, finding sufficient evidence supported the jury’s conclusions on both ADA claims. | medium |
| 02 | The company argued Sanders waived arguments about cardiovascular concerns and knee problems because his complaint mentioned only his ulcer. The appeals court rejected this, finding Union Pacific had implied consent through its litigation conduct and jury instruction proposals. | low |
| 03 | Union Pacific contended it could not regard Sanders as disabled because it relied on a physician’s evaluation. The court found this argument inconsistent with the 2008 ADA Amendments Act, which expanded coverage and eliminated the archaic attitudes exception. | medium |
| 04 | The railroad claimed Sanders failed to prove he would have passed the bicycle test. The court found this argument unavailing given that Sanders stopped the treadmill only because of his knees, was cleared by doctors, and regularly performed strenuous activities. | medium |
| 05 | Union Pacific argued Sanders presented no evidence of discriminatory animus or hostility toward disabled persons. The court clarified that animus in ADA context means simply that the employer was motivated by the employee’s disability, which the evidence clearly established. | high |
Community Impact
Broader consequences of corporate decisions · 4 points
| 01 | Major railroads like Union Pacific are often among the largest employers in Midwest towns. When the company sidelines experienced workers like Sanders, it affects not just individual families but entire local economies that depend on stable, well-paying jobs. | medium |
| 02 | Sanders’s ordeal sends a chilling message to other Union Pacific employees that disclosing health issues or requesting accommodations could mark them for potential termination. This culture of fear undermines workplace safety and morale. | high |
| 03 | When corporations push employees with manageable health conditions out of the workforce, they externalize healthcare and disability costs onto individuals and public safety net programs. Taxpayers ultimately bear expenses the employer refuses to accommodate. | medium |
| 04 | The protracted legal battle required to hold Union Pacific accountable demonstrates how difficult it is for individual workers to challenge corporate policies. Most employees lack the resources for years of litigation, allowing discrimination to persist unchecked. | high |
The Bottom Line
What this case reveals · 5 points
| 01 | A federal jury found Union Pacific violated the Americans with Disabilities Act on two separate counts and awarded Sanders $1,023,424.34 in damages. The Eighth Circuit affirmed the verdict in full, validating Sanders’s claims of discrimination and failure to accommodate. | high |
| 02 | This case demonstrates how corporations use rigid medical protocols as gatekeeping mechanisms to exclude workers perceived as liabilities, even when reasonable accommodations are readily available and medically appropriate. | high |
| 03 | Union Pacific’s refusal to consider a simple alternative test exposes a corporate culture that prioritizes standardized procedures and risk management over individualized fairness and the legal requirement to engage in an interactive accommodation process. | high |
| 04 | The verdict stands as a rare success story where an employee had the resources and determination to fight back through years of litigation. It highlights both the possibility of justice and the systemic barriers that prevent most workers from obtaining similar outcomes. | medium |
| 05 | Sanders’s victory confirms that the 2008 ADA Amendments Act closed loopholes corporations previously exploited. Employers can no longer hide behind physician recommendations or claim that medical evaluations insulate them from disability discrimination liability. | medium |
Timeline of Events
Before 2022
Sanders works as foreman general for Union Pacific, overseeing train mechanics
Medical Incident
Sanders suffers bleeding ulcer complications including brief cardiac arrest; undergoes successful treatment and fully recovers
Fitness Evaluation
Union Pacific requires Sanders to undergo fitness-for-duty evaluation including Bruce protocol treadmill test
Test Failure
Sanders stops treadmill test early due to knee pain from osteoarthritis; requests bicycle test alternative
Accommodation Denied
Union Pacific refuses bicycle test and tells Sanders only treadmill results will be accepted
Work Restrictions
Dr. Charbonneau imposes work restrictions preventing Sanders from returning to foreman general position
Lawsuit Filed
Sanders sues Union Pacific alleging Americans with Disabilities Act violations
Trial Verdict
Jury returns verdict for Sanders on both ADA claims and awards $1,023,424.34 in damages
Post-Trial Motion
District court denies Union Pacific’s renewed motion for judgment as a matter of law
November 2023
Case submitted to Eighth Circuit Court of Appeals (No. 22-2863)
July 25, 2024
Eighth Circuit affirms district court judgment in favor of Sanders
Direct Quotes from the Legal Record
QUOTE 1
Company admits heart concerns drove decision
allegations
“Dr. Charbonneau admitted that he required the treadmill test and then refused to allow Sanders to return to work because of his concern that Sanders’s heart was impaired.”
💡 This admission proves Union Pacific perceived Sanders as having a cardiovascular disability and acted on that perception, establishing the regarded as prong of the ADA claim
QUOTE 2
Reasonable accommodation flatly rejected
allegations
“Sanders requested that Union Pacific allow him to perform an alternate test on a bicycle because the bike would put less strain on his knees. Union Pacific told him that it would not accept the results of a bicycle test.”
💡 This refusal to even consider a medically appropriate alternative demonstrates Union Pacific failed to engage in the required interactive process for reasonable accommodation
QUOTE 3
Expert condemns medical decision
workers
“The expert opined that Union Pacific’s decision to limit Sanders was completely uncalled for, completely wrong, and not based on any medical principles at all.”
💡 Medical expert testimony directly contradicted Union Pacific’s claim that its fitness determination was objectively reasonable and based on sound medical evidence
QUOTE 4
Job description contradicts company claims
allegations
“The carmen’s job description states that they lift knuckles only rarely and with assistance.”
💡 This evidence undermines Union Pacific’s argument that Sanders could not perform essential job functions, since the most strenuous task was performed infrequently and collaboratively
QUOTE 5
Personal doctors cleared Sanders for work
allegations
“His doctors cleared him for work without lifting limitations.”
💡 Multiple independent physicians found Sanders capable of returning to his job, contradicting Union Pacific’s medical director’s restrictive conclusions
QUOTE 6
Test methodology was flawed
health
“Sanders’s medical expert testified that Union Pacific should have allowed Sanders to undergo a test on a bicycle in light of his knee condition and medication regimen. These factors, the expert explained, rendered the results from the treadmill test inaccurate.”
💡 Expert testimony established that the treadmill test was scientifically inappropriate for Sanders’s circumstances and produced unreliable results
QUOTE 7
Three physicians validated bicycle alternative
allegations
“The record also included evidence showing that the company could reasonably have accommodated Sanders. Three physicians testified that a bicycle test is a medically appropriate alternative to the treadmill test for someone with impaired knees.”
💡 Multiple medical professionals confirmed the accommodation Sanders requested was reasonable, medically sound, and readily available
QUOTE 8
Real-world evidence contradicted company assessment
allegations
“Sanders testified that he regularly performed activities that were more strenuous than his work for Union Pacific.”
💡 Sanders’s actual physical capabilities in daily life demonstrated he could perform his job duties despite Union Pacific’s claims of inability
QUOTE 9
Company refused to help find solutions
workers
“Here, Union Pacific did not assist Sanders in identifying a suitable accommodation for his impaired knees. Instead, a company employee informed Sanders that only results from a treadmill test would be acceptable. This directive eliminated the possibility of an accommodation.”
💡 Union Pacific’s rigid stance violated the ADA requirement to engage in good faith interactive process to identify potential reasonable accommodations
QUOTE 10
Knee pain caused test failure, not heart problems
allegations
“Sanders stopped this test early because of fatigue. He explained to Union Pacific that his fatigue was due to pain in his knees caused by osteoarthritis rather than any issue with his heart.”
💡 Sanders clearly communicated that his disability (arthritis) interfered with the test methodology, not that he had actual cardiovascular limitations
QUOTE 11
Court rejects physician recommendation shield
accountability
“The amended text provides no basis to limit the prohibition to discrimination based on archaic attitudes, erroneous perceptions, and myths. Dr. Charbonneau’s recommendation thus does not insulate the employer from liability.”
💡 The court confirmed that employers cannot avoid ADA liability simply by pointing to a company doctor’s opinion, especially after the 2008 amendments broadened coverage
QUOTE 12
Direct threat defense failed
regulatory
“There was sufficient evidence here for a jury to conclude that Union Pacific failed to prove the second and third elements of the defense. Sanders’s medical expert testified that Union Pacific should have allowed Sanders to undergo a test on a bicycle in light of his knee condition and medication regimen.”
💡 Union Pacific could not prove its determination that Sanders posed a workplace safety threat was objectively reasonable or based on best available medical evidence
QUOTE 13
Discrimination requires only employer motivation
accountability
“Rather, animus in this context means simply that the employer was motivated by the employee’s disability.”
💡 The ADA does not require proof of prejudice or hostility; it is enough that the employer made an adverse decision because of perceived disability
QUOTE 14
Evidence showed Sanders could have passed proper test
workers
“Sanders stopped the treadmill test only because of his knees. His doctors cleared him for work without restrictions. There was evidence that he regularly performs physical activities, such as ranching, that are as strenuous as his work as a foreman general.”
💡 Substantial evidence supported the conclusion that Sanders would have demonstrated adequate fitness if tested appropriately with accommodation for his knee condition
QUOTE 15
ADA requires test modifications for disabilities
health
“Employers are generally required to administer tests in a manner that accurately reflects the employee’s ability rather than the limitations caused by his impairment.”
💡 This core ADA principle requires exactly what Union Pacific refused to do: modify the testing method to account for Sanders’s knee disability
Frequently Asked Questions
What did Union Pacific do wrong in this case?
Union Pacific required Allan Sanders to take a treadmill fitness test despite his arthritic knees. When Sanders requested a bicycle test as a reasonable alternative, the company refused. Based on the incomplete treadmill results, Union Pacific barred Sanders from returning to his job as a foreman general. A jury found the railroad violated the Americans with Disabilities Act by discriminating based on perceived disability and failing to provide reasonable accommodation.
Why was the treadmill test unfair to Sanders?
Sanders has osteoarthritis in his knees that causes pain when walking or jogging quickly. He stopped the treadmill test early due to knee pain, not cardiovascular problems. Medical experts testified that his knee condition and medications made the treadmill test inaccurate for measuring his heart fitness. A bicycle test would have put less strain on his knees while still measuring his aerobic capacity for the job.
Could Sanders actually do his job safely?
Yes. Sanders’s personal doctors cleared him for work without lifting restrictions. He testified that he regularly performs physically demanding activities like ranching that are as strenuous as his railroad work. The job description showed that lifting heavy knuckles happened only rarely and with assistance. Multiple medical experts confirmed Sanders had the physical capacity to perform his duties as foreman general.
What did the jury decide?
The jury found Union Pacific violated the Americans with Disabilities Act on two counts. First, the company discriminated against Sanders by imposing work restrictions because it perceived him as having a heart disability. Second, the company failed to provide reasonable accommodation by refusing to allow a bicycle fitness test. The jury awarded Sanders $1,023,424.34 in damages.
Did Union Pacific appeal the verdict?
Yes. Union Pacific filed motions to overturn the jury verdict and then appealed to the Eighth Circuit Court of Appeals. The district court denied the company’s motions, and on July 25, 2024, the appeals court affirmed the verdict in favor of Sanders. The railroad’s arguments were rejected at every level.
Why couldn’t Union Pacific just rely on its doctor’s opinion?
The court ruled that the 2008 ADA Amendments Act eliminated the loophole that allowed employers to avoid liability by relying on physician recommendations. Even if a company doctor makes a determination, the employer can still be liable for disability discrimination if that determination is not objectively reasonable and based on the best available medical evidence. Here, expert testimony showed the company’s medical conclusions were flawed.
What is a reasonable accommodation under the ADA?
A reasonable accommodation is a modification or adjustment that enables a qualified employee with a disability to perform their job. This includes appropriate modifications of examinations or tests. In Sanders’s case, substituting a bicycle test for the treadmill test would have been a reasonable accommodation that allowed accurate measurement of his fitness without being limited by his knee arthritis.
What is the interactive process that Union Pacific failed to provide?
The ADA requires employers to engage in an informal, interactive process with employees who request accommodations. This means discussing the employee’s limitations and exploring potential solutions together. Union Pacific failed this requirement by simply telling Sanders that only treadmill test results would be acceptable, eliminating any possibility of accommodation without genuine dialogue.
How common is this type of workplace discrimination?
While specific statistics are not in this case record, the court’s opinion suggests this type of inflexible fitness testing policy can affect many workers. The decision notes that Sanders’s case went to trial, which is relatively rare since most employees lack resources for lengthy litigation. The court’s reasoning implies similar situations may go unchallenged when workers cannot afford to fight back.
What can workers do if they face similar discrimination?
Workers who believe they have been discriminated against based on disability should document everything, including accommodation requests and employer responses. They can file a complaint with the Equal Employment Opportunity Commission (EEOC), which investigates ADA violations. Workers should also consult an employment attorney who specializes in disability discrimination. Sanders’s case shows that holding corporations accountable is possible, though it requires substantial legal resources and determination.
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