A railroad made a conditional offer of employment to a candidate for a conductor trainee position but subsequently rescinded that offer on the grounds that the man was not qualified for his safety-sensitive position because of the significant health and safety risks associated with extreme obesity. The candidate was told that he would receive further consideration for employment if he either lost 10 percent of his body weight or underwent a battery of physical tests at his own expense. The man completed all of the required tests, except for an $1,800 sleep test that he said he could not afford. The railroad said that he had not met its conditions and would not be hired. The man sued. What should the court decide? Why?

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