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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I have worked Union Pacific Railroad years. Each year a

Customer Question

I have worked for the Union Pacific Railroad for 10 years. Each year a hearing test is given to employees and I pass. In 2014 Union Pacific Changed the hearing test to comply with FRA rules at that time I failed the test. My hearing has not changed in all this time. I have had hearing aides since the age of 5 years old. Of the ten years employed by Union Pacific all fellow employees as well as dispatchers on the radio will confirm that there has not been an issue with my hearing. I have spent the last year and a half trying to find a lawyer to help and unsuccessful due to them having no time or money to help. Date of last Employment on railroad was June of 2014 and been unemployed since due to railroad experience. Do I have a case and if so is has it been to long to file one?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

Unfortunately, it is too late to file an ADA based EEOC action. The Americans with Disabilities Act (ADA) prevents discrimination against someone based on their disability. When the discrimination takes place in the work setting (as was the case here), the person aggrieved can file a claim with the EEOC. The EEOC will investigate the matter and if they find merit, will allow the person to sue in federal court for breach of their constitutional and statutory rights.

However, there is a statutory time period in which a claim of this nature has to be brought. That period of time is 180 days from the date of the last discriminatory action by the employer. Based on what you have shared with me, we are well past that period of time.

I wish I had better news for you here as this is certainly an injustice.

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work.


Expert:  Delta-Lawyer replied 1 year ago.

Just checking in to see if you had any additional questions or comments. I want you to be as comfortable as possible as you move forward. Thanks