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Trial lawyers specializing in personal injury and civil litigation

Union member who failed to pursue administrative remedy may not sue for disability discrimination

Michael Emswiler sued CSX Transportation, his railroad employer, arguing that he was demoted on the seniority roster in breach of the CBA and because of a disability.  He did not pursue his claim through the Collective Bargaining Agreement's arbitral mechanisms, however, and for that reason, the Sixth Circuit dismissed his civil rights claim.

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