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Case Name Salinas v. Roadway Express, Inc. EE-TX-0467
Docket / Court 5:71-cv-00254 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for ... read more >
In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for the higher paying position of road driver while non-whites were relegated to the lower paying position of city driver and the union had violated 42 U.S.C. § 1981 by agreeing with Roadway to establish and maintain a dual seniority system in the collective bargaining agreement for city and road drivers.

On November 4, 1985, the district court approved a proposed consent decree, according to which all class members received a monetary reward, and ten members retained over-the-road seniority retroactive to March 1971, and all members could transfer, without seniority, from a city driver to a road driver position.

Certain class members challenged the fairness of the consent decree and appealed. On October 17, 1986, the 5th Circuit (Per Curiam) held that the district court did not abuse its discretion in approving consent decree.

In 2004, four members of the class brought suit in the U.S. District Court for the Western District of Texas to enforce the consent decree and to recover back-pay and interest under its terms. However, the magistrate judge determined, and the 5th Circuit affirmed on December 19, 2006, that they were time-barred from enforcing the consent decree.

Kunyi Zhang - 06/28/2010


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Seniority
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Local #657
Roadway Express, Inc.
Southern Conference of Teamsters
Plaintiff Description Plaintiffs were Black and Hispanic truck drivers in San Antonio, Texas, who were employed by defendant.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1986
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
5:71−cv−00254 (W.D. Tex.) 07/02/2008
EE-TX-0467-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
5th Circuit Opinion (vacated the district court's judgment) 07/16/1984 (735 F.2d 1574)
EE-TX-0467-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
5th Circuit Opinion (affirmed the district court's decision to approve consent decree) 10/17/1986 (802 F.2d 787)
EE-TX-0467-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
5th Circuit Opinion (affirmed the district court's decision) 12/19/2006 (473 F.3d 565)
EE-TX-0467-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Judges Garza, Emilio M. (Fifth Circuit, W.D. Tex.)
EE-TX-0467-0001
Johnson, Samuel D. Jr. (Fifth Circuit)
EE-TX-0467-0002
Jolly, E. Grady (Fifth Circuit)
EE-TX-0467-0003
Kirkpatrick, Andrew (D.N.J.)
EE-TX-0467-0003
Politz, Henry Anthony (Fifth Circuit)
EE-TX-0467-0003
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Larry (Texas)
EE-TX-0467-9000
Fields, Richard (Tennessee)
EE-TX-0467-9000
Hicks, James L. Jr. (Texas)
EE-TX-0467-9000
Mims, Carnegie H. Jr. (Texas)
EE-TX-0467-9000
Nelkin, Stuart (Texas)
EE-TX-0467-9000
Padgett, Shelton E. (Texas)
EE-TX-0467-9000
Ravkind, Sidney (Texas)
EE-TX-0467-9000
Weir, Warren N. (Texas)
EE-TX-0467-9000
Defendant's Lawyers Babb, G. William (Texas)
EE-TX-0467-9000
Manitzas, Frank S. (Texas)
EE-TX-0467-9000
Other Lawyers None on record

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