Takeaway: Certain transportation employers, such as railway companies, must comply with state and federal safety standards governing employee physical fitness and licensure. In this case, the court ruled that a railroad employee’s failure to pass a vision test administered by his employer rendered him unqualified to work and unprotected under the Americans with Disabilities Act (ADA).

The plaintiff worked as a railroad conductor for BNSF Railway for 15 years. In 2020, BNSF administered two vision tests designed to determine the plaintiff’s ability to distinguish colors. First, the plaintiff was given the Ishihara 14 plate clinical vision test. The Ishihara test requires individuals to distinguish between colors. The plaintiff was born with a color deficiency that affected his perception of the colors red and green. The plaintiff failed this test and never passed equivalent tests in the past during his tenure with BNSF Railway.

If a conductor applicant fails the Ishihara test, they may request administration of a second, different vision test. Every Class I railway, including BNSF, uses a Federal Railway Administration (FRA) approved field test if the applicant fails the first clinical vision test. The FRA is part of the U.S. Department of Transportation. At the plaintiff’s request, BNSF’s medical examiner further evaluated the plaintiff and administered a vision field test. The plaintiff also failed that test.

Because the plaintiff failed the two vision tests and BNSF’s...

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