Burlington Northern Settles Suit Over Genetic Tests

Burlington Northern Santa Fe Corp. said it settled a union lawsuit over the No. 2 U.S. railroad’s former practice of genetic testing of workers who claimed disability because of carpal tunnel syndrome.

The company agreed to stop the practice two months ago after the U.S. Equal Employment Opportunity Commission filed a suit claiming the testing violated the Americans With Disabilities Act.

The union settlement calls for Burlington Northern to destroy blood samples and records from the tests, said the Brotherhood of Maintenance of Way Employes. The union did not see monetary damages, union lawyer Harry Zanville said.

At least 20 workers were tested before the practice was halted. The suit said the railroad failed to tell workers about the genetic tests when seeking blood samples. The EEOC said the tests were meant to predict whether a worker would suffer from carpal tunnel syndrome, which affects the hands and wrists.

Burlington Northern is pleased with the settlement, said company spokesman Richard Russack.

The settlement agreement also includes a commitment by the Fort Worth-based railroad to support national legislation to prevent genetic testing on employees. Workers who were tested still have the right to pursue individual cases against the railroad, Zanville and Russack said.

The shares of Burlington Northern, which trails only Union Pacific Corp. among U.S. railroads, rose 50 cents to $29.60. The stock has gained 27% in the past year.