Based on a recent ruling, the U.S. Court of Appeals for the Eighth Circuit ruled this week that a plaintiff’s employment discrimination suit against Union Pacific Railroad Co. wasn’t time-barred, determining that the time limitations on the claims restarted following decertification in a similar class action.
On Thursday, the federal appellate court reversed a U.S. District Court for the District of Nebraska decision finding the plaintiff James Hess’s suit against his former employer untimely, which he filed after he was allegedly terminated for being on anti-anxiety medication for post-traumatic stress disorder. Hess was initially part of the Harris v. Union Pacific class action, which took issue with the railroad’s “fitness for duty” requirements. The Harris class was ultimately certified, but under a different and narrower explanation that didn’t apply to Hess. In turn, Hess filed the suit, Hess v. Union Pacific Railroad Co., in the U.S. District Court for the District of Nebraska, which sided with Union Pacific that Hess’s claims were filed beyond the statute of limitations.