No. 22-2863 ___________________________

Allan Sanders,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Union Pacific Railroad Co.,

lllllllllllllllllllllDefendant - Appellant.

------------------------------

Equal Employment Opportunity Commission,

lllllllllllllllllllllAmicus on Behalf of Appellee(s). ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: November 16, 2023 Filed: July 25, 2024 ____________ Before COLLOTON,1 BENTON, and SHEPHERD, Circuit Judges. ____________

1 Judge Colloton became chief judge of the circuit on March 11, 2024. See 28 U.S.C. § 45(a)(1). COLLOTON, Circuit Judge.

Allan Sanders sued his former employer, Union Pacific Railroad Company, alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. Sanders alleged that Union Pacific discriminated against him in two ways: first by imposing work limitations because of perceptions about his cardiovascular health, and second by failing to provide a reasonable accommodation during a related cardiovascular test. A jury returned a verdict for Sanders on both claims. The district court2 denied Union Pacific’s renewed motion for judgment as a matter of law. Union Pacific appeals, and we affirm.

I.

Allan Sanders worked for Union Pacific as a foreman general. This position required Sanders to oversee mechanics for Union Pacific’s trains, known as carmen, and to assume their responsibilities if none of them were available to respond to a distressed train. Some of the carmen’s responsibilities require significant physical exertion. One such responsibility is replacing knuckles—part of the equipment that links the cars of a train together—that weigh approximately 86 pounds each.

This physical component of Sanders’s job became a problem only when he suffered complications relating to a bleeding ulcer. One of those complications was a brief cardiac arrest. Sanders was resuscitated, underwent a successful operation, and fully recovered. Before Sanders could resume his duties, Union Pacific required him to undergo a fitness-for-duty evaluation. Dr. Charbonneau, an associate medical director for Union Pacific, oversaw the evaluation.

2 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

-2- Of primary concern to this appeal, Union Pacific required Sanders to perform a “Bruce protocol” test—that is, a test where Sanders had to walk quickly or jog on a treadmill—to demonstrate his aerobic capacity. Sanders stopped this test early because of “fatigue.” He explained to Union Pacific that his fatigue was due to pain in his knees caused by osteoarthritis rather than any issue with his heart.

Sanders requested that Union Pacific allow him to perform an alternate test on a bicycle because the bike would put less strain on his knees. Union Pacific told him that it would not accept the results of a bicycle test. Based on the results of the treadmill test, Dr. Charbonneau concluded that Sanders had low aerobic capacity and would be unable to perform strenuous labor. He thus imposed work restrictions that prevented Sanders from returning to work as a foreman general.

Sanders sued Union Pacific and alleged discrimination under the ADA. A jury returned a verdict for Sanders and awarded damages of $1,023,424.34. We re