Ronald Shell v. Burlington Northern Santa Fe Railway

When Burlington Northern Santa Fe Railway Company (BNSF) (defendant) took over the railyard where Ronald Shell (plaintiff) worked, Shell applied to be an intermodal-equipment operator. Because the role involved operating heavy machinery, it was classified as a safety-sensitive position. BNSF’s policy was not to hire persons with a body-mass index (BMI) over 40 for safety-sensitive positions because such persons with class III obesity had a higher risk of medical conditions like sleep apnea, diabetes, and heart disease, all of which could unpredictably result in incapacitation or impairment. BNSF made Shell a conditional job offer, which BNSF later withdrew when Shell’s preemployment medical examination revealed that his BMI was 47.5. Shell was otherwise healthy. BNSF told Shell that under BNSF’s policies, he would be eligible for reconsideration if he lost 10 percent of his body weight and maintained the loss for six months. Such reconsideration was not contingent on Shell’s weight loss taking him below the BMI-40 threshold. Shell sued BNSF, alleging that BNSF regarded him as disabled and discriminated against him on that basis in violation of the Americans with Disabilities Act (ADA). BNSF moved for summary judgment in the district court, arguing that obesity did not constitute a disability protected by the ADA.