DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182333P.pdf 08/26/2019 Tasha McNeil v. Union Pacific Railroad Co
U.S. Court of Appeals Case No: 18-2333
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges]
Civil Case - Employment Discrimination. District court's grant of summary
judgment on claim of disability discrimination is affirmed, as the
district court properly concluded McNeil was not qualified for the
dispatcher position as a matter of law because she was unable to work
mandatory overtime and there was insufficient evidence to create a genuine
dispute about whether Union Pacific failed to engage in the interactive
process. On claims of sex and pregnancy discrimination, McNeil did not
suffer an adverse action when her supervisor denied her training or
commented on her breast pumping break; and evidence did not show decisions
were motivated by her sex or pregnancy. On race discrimination claim, her
proffered comparators were not similarly situated, as they were able to
work some overtime, while McNeil was not.