Veteran Marine With PTSD Fired From Canadian National Railway

Lawsuit claims Marine fired over PTSD ‘safety concerns’
Fond Du Lac Wisconsin
Nate Beck, Action Reporter Media
August 20, 2015

An ex-marine is suing a Fond du Lac rail company, claiming he was fired over his Post-Traumatic Stress Disorder, according to complaint filed Aug. 7 in Eastern District of Wisconsin District Court.

Oshkosh Northwestern Media file photoA Canadian National train crosses the Fox River in Oshkosh. The first train crossed the new CN railroad bridge over the Fox River in August. Oshkosh Northwestern Media file photo The new Canadian National railroad bridge is functional and has opened and closed on Aug. 23. JOE SIENKIEWICZ/Oshkosh Northwestern Media The CN railroad bridge is functional and has opened and closed on August 23, 2013.
(Photo: Oshkosh Northwestern / JOE SIENKIEWICZ/Oshkosh Northwes)

Chris Trombley, now a North Carolina resident, was hired at Wisconsin Central, doing business as Canadian National Railway, at the company’s Fond du Lac rail yard. Trombley claims in his complaint that he was fired due to his PTSD, though his condition never harmed his job performance.

Trombley is seeking a judgment under the Americans with Disabilities Act, which protects against discrimination on the basis of disability. The complaint seeks a jury trial and damages of more than $75,000, the limit for federal lawsuits.

Trombley told CN when he applied in summer 2014 that he suffered from Post-Trumatic Stress Disorder after serving in the U.S. Marine Corps. The suit alleges that Trombley’s PTSD didn’t prevent him from “successfully performing the essential functions” of his job.

Shortly after starting at CN, Trombley told the company he had switched PTSD medication. A drug screen administrator there told him it wouldn’t be an issue. Later that day, a trainer told Trombley he seemed to be working slower than normal, court papers show.

The next day, CN medical services told Trombley he’d been reported for showing symptoms of PTSD. He claimed that was an effect of the new medication, and CN suspended Trombley pending a doctor’s note. A week later, Trombley presented a note clearing him, though CN wouldn’t allow him to return for another week.
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