A federal appeals court ruled that a man with a claw hand, denied a job on a locomotive, was not disabled because he could do other jobs.
The U.S. Tenth Circuit Court of Appeals affirmed a dismissal against the man, who sued for disability discrimination after a railroad company retracted a job offer because of his disfigured hand. The employer was not liable under the Americans With Disabilities Act because it considered him able to perform other jobs, the court said.
"The ADA protects disabled workers from discrimination.," Judge Gregory A. Phillips wrote for the court in Duty v. BNSF Railway Company. "But it limits its protection by recognizing that not all impairments are disabilities."