DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092651P.pdf 06/01/2010 Kimberly Norman v. Union Pacific Railroad Company
U.S. Court of Appeals Case No: 09-2651
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Smith and Shepherd, Circuit Judges]
Civil case - employment discrimination. Company regarded plaintiff as
suffering from a mental illness, thus establishing the first element of a
prima facie case of disability discrimination; plaintiff's evidence was
sufficient to establish a triable issue of fact about her ability to perform
her job; however, plaintiff failed to show that her termination resulted
from her mental illness, as the basis for her termination was her failure to
supply a medical release allowing her to return to work; with respect to
plaintiff's race and gender discrimination claims, she failed to establish a
prima facie case because her termination was the result of her non-
compliance with the company's directions to supply a work release.