Hearing-impaired conductor wins $ 44 million bias verdict

Law360 (July 2, 2021, 10:12 p.m. EDT) – Railroad giant Union Pacific owes a hearing-impaired driver $ 44 million who was subjected to stricter hearing tests than healthy workers and failed, said Thursday a Wisconsin federal jury.

After a four-day trial, Madison’s jury said the Union Pacific treatment of longtime driver Mark Mlsna as the railroad instituted new hearing tests in 2014 was extremely bad. Over $ 40 million in damages were punitive.

After the Federal Railroad Administration updated driver certification regulations in 2012, the Union Pacific tested Mlsna’s hearing in 2014 – but made her wear hearing protection during the test, which healthy workers did were not required to do …

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