Beat me to it Vince, "Wanswheel" sent them to me too.
That's fine, as long a one of us got it here.
See what a loss it is that Wanswheel can't do this himself?
Luckily his exile has only 165 years to go.
Much becomes a great deal clearer from reading this material, including the specific provisions in the ADA that will be noted to govern in the upcoming trial.
Note that this was only a motion denying UP summary judgment, not an indication of what the actual process will produce. UP's counsel involved with this demonstrate a near-astounding ignorance of either the applicable law or the established precedents so far in its interpretation; i also find it interesting that few if any reasons the plaintiff offers as benefits from bringing the dog are credibly associated with having the dog in the cab at work -- as a frequent hemiparetic migraine sufferer I was amused at the claim that Atlas could 'warn the plaintiff of the approach of a migraine'; how this would work will be interesting to see explained in testimony.
One important place that arguments will likely hinge is whether or not Birchfield's accommodation is a precedent UP should be made to follow under the ADA. Now that UP has been set straight on the applicability of benefits to ADA accommodation it will be interesting to see how they explain any difference ... or determine to settle and open a different can of worms.
charlie hebdo But that should be given a chance.
Are you willing to bet your life on that?
I do believe that the subject in question should be given a chance - but should that chance be at the controls of a 100 car train of crude oil, running through your town?
A big deal has been made in other threads of the vetting process for crew members. Would this individual make it past such a vetting process?
Perhaps in the process of recognizing mental illness as a disability, we also need to recognize that it can impair an individual's abilities to perform certain jobs.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
OvermodAtlas could 'warn the plaintiff of the approach of a migraine
I don't know about that, but it is true that a service dog trained for the purpose can warn someone suffering from epilepsy of an oncoming seizure.
Sometimes even without the training. Dogs can be amazing. Dogs know things.
I read about the first ten pages of that legal filing. I don't see any mention that this conductor was promoted to engineer. My impression is that this is about his conductor job, not an engineer job.
I doubt he will win the case, but I'm kinda hoping he wil.
Lithonia OperatorI read about the first ten pages of that legal filing. I don't see any mention that this conductor was promoted to engineer.
https://www.courthousenews.com/wp-content/uploads/2020/05/traindog.pdf
A very great deal of the carefully worded discussion seems to hinge on UP saying they did a great deal that the plaintiff utterly denies. Presumably UP has records to substantiate their process and decision-making; it will be interesting if they can't do so.
My heart wants him and the dog to win.
My head isn't sure that's a good idea.
In any event, I doubt the engineer will prevail.
I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
Are engineers required to have the equivilent of a 1st class medical like commercial airline pilots?
charlie hebdoI'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day.
If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping?
Never too old to have a happy childhood!
BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping?
charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened.
You are only capable of making inane comments.
charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments.
You set them up and I'll knock them out of the park!
Is the 83 pounds referenced in the court documents the weight of a knuckle?
How about the U P keeping him employed as a signal and switch maintainer, with the necessary training?
Then he should bring his dog to work.
See the Zipper Story in Oct. '17 Trains.
Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also.
Sleep apnea can be treated very effectively with CPAP. In the case of an obese engineer, I'd by worried more about a heart attack. If the apnea sufferer uses the CPAP every night, he's no more likely to fall asleep than anyone else.
rdamonIs the 83 pounds referenced in the court documents the weight of a knuckle?
That is about the weight of a standard (type E?) knuckle. There are other knuckele types ansd weights but I do believe that is the most common.
Lithonia OperatorJust for the record, sleep apnea affects more than obese people.
I guess if the obese strawman has a dog that barks all night, it might keep him awake?
Lithonia Operator Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also...
Just for the record, sleep apnea affects more than obese people. I have it, and I'm 5'11" and 175 lbs. A friend of mine is about the same height, about 160, and is one of the most physically active people I know; he hikes, climbs, scuba dives, sails; and he has sleep apnea also...
I'm a monitor over at apneaboard. Most people would probably be surprised at how many fit teenagers have apnea. Obesity, if it happens, is a comorbidity, usually a result of insulin resistance, and will only exacerbate obstructive apnea. If one's sleep is severely disrupted due to the apnea, then weight gain, heart arrhythmias, and other disorders are soon to follow.
Lithonia Operator Sleep apnea can be treated very effectively with CPAP. In the case of an obese engineer, I'd by worried more about a heart attack. If the apnea sufferer uses the CPAP every night, he's no more likely to fall asleep than anyone else.
Regrettably, a great many users of CPAP whose daily reports show that their machines are treating them successfully still complain of brain fog, fatigue, and of falling asleep mid-afternoon or during the evening prior to retiring for the day. While many almost instantly find relief and are happy campers within a few days of finding a successful set of pressures from their machines, a worrying number complain of brain fog forever.
BaltACD charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments. You set them up and I'll knock them out of the park!
Q.E.D.
charlie hebdo BaltACD charlie hebdo BaltACD charlie hebdo I'm not sure if anyone should trust a hazardous train operated by an overweight engineer withsleeo alnea who mightdoze off. It has happened. And the same engineer in need of a emotional support animal? Especially with dogs normally sleeping 12-14 hours a day. If a support animal is allowed in the cab of a locomotive, will they be charged and disciplined if officials find them sleeping? You are only capable of making inane comments. You set them up and I'll knock them out of the park! Q.E.D.
Pretentious aren't you!
It's just shorthand. Every post you make amply demonstrates you are an accomplished desk-jockey expert on everything. Congratulations!
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