Eighth Circuit Reinstates Discrimination Lawsuit Against Union Pacific, Citing Class Action Tolling

The U.S. Court of Appeals for the Eighth Circuit has reinstated a discrimination lawsuit against Union Pacific Railroad Co. filed by James Hess, a former employee. Hess, who was allegedly terminated due to his use of anti-anxiety medication for PTSD, was originally part of the Harris v. Union Pacific class action. However, he was excluded from the final class certification. Despite this, the appellate court found that the statute of limitations for Hess’s claims had been paused during the class action proceedings. This decision reversed a prior ruling by the U.S. District Court for the District of Nebraska, which had dismissed Hess’s lawsuit as time-barred. The appellate court’s decision cited the 2024 ruling in DeGreer v. Union Pacific Railroad Co. as precedent, noting that Hess had not been “unambiguously excluded” from the class action, thus pausing his claims during its proceedings. For more details, [read more about the ruling](https://www.law.com/2025/06/13/8th-circuit-reinstates-untimely-discrimination-suit-against-union-pacific-/){:target=”_blank”}.