Case: EEOC v. BURLINGTON NORTHERN AND SANTE FE RAILWAY COMPANY

2:03-cv-02918 | U.S. District Court for the Western District of Tennessee

Filed Date: Dec. 8, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

In December 2003, the Memphis District Office of the EEOC filed this suit against Burlington Northern & Santa Fe Railway Co. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint. However, according to the settlement agreement, the complaint alleged that the defendant retaliated against the charging party, a female employee, for opposing unlawful employment practices under Title VII by abolishing her position as a track laborer and taking oth…

In December 2003, the Memphis District Office of the EEOC filed this suit against Burlington Northern & Santa Fe Railway Co. in the U.S. District Court for the Western District of Tennessee. We do not have a copy of the complaint. However, according to the settlement agreement, the complaint alleged that the defendant retaliated against the charging party, a female employee, for opposing unlawful employment practices under Title VII by abolishing her position as a track laborer and taking other actions affecting the terms and conditions of her employment. After some scheduling orders, the parties entered into a settlement agreement in May 2004.

The settlement agreement contained a non-retaliation provision and had a duration of one year. Under the terms of the agreement, the defendant agreed to: expunge the charging party's personnel file of any reference to charges of discrimination, post a notice of rights in its Memphis facility, provide Title VII training for its managers, report to the EEOC at specified intervals, and pay $18,500.

Summary Authors

Michele Marxkors (6/8/2007)

People


Judge(s)

Pham, Tu M. (Tennessee)

Judge(s)

Pham, Tu M. (Tennessee)

show all people

Documents in the Clearinghouse

Document

2:03-cv-02918

Docket

EEOC v. Burlington Northern and Sante Fe Railway Company

May 20, 2004

May 20, 2004

Docket
9

2:03-cv-02918

Settlement Agreement

EEOC v. Burlington Northern and Sante Fe Railway Company

May 12, 2004

May 12, 2004

Settlement Agreement

Resources

Docket

Last updated April 15, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) NOT issued) Receipt #: wv; Filing fee wv (JML) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

2

STIPULATION FOR EXTENSION OF TIME by plaintiff EEOC, defendant Burlington Northern ..the parties stipulate that defendant may have a 30 day extension of time to file its Answer.. (EHG) (Entered: 02/12/2004)

Feb. 11, 2004

Feb. 11, 2004

3

SETTING LETTER ; scheduling conference set for 9:30 3/25/04, before Mag Judge Pham (EHG) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

4

JOINT MOTION by plaintiff EEOC, defendant Burlington Northern for extension of time to file answer (30 days) (EHG) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

5

CONSENT ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME by Mag Judge Tu M. Pham : granting motion for extension of time to file answer (30 days) [4-1] ..to 4/12/04. (cc: all counsel) (EHG) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

6

JOINT MOTION AND MEMORANDUM by plaintiff EEOC, defendant Burlington Northern to continue scheduling conference (EHG) (Entered: 03/18/2004)

March 17, 2004

March 17, 2004

8

SETTING LETTER ; scheduling conference REset for 9:30 5/13/04 before Mag Judge Pham (EHG) (Entered: 03/22/2004)

March 19, 2004

March 19, 2004

9

SETTLEMENT AGREEMENT/NOTICE OF SETTLEMENT filed by plaintiff EEOC, defendant Burlington Northern (EHG) (Entered: 05/13/2004)

May 12, 2004

May 12, 2004

10

JUDGMENT : by Judge Samuel H. Mays Jr. re [9-1] (cc: all counsel) (EHG) (Entered: 05/21/2004)

May 20, 2004

May 20, 2004

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 8, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Burlington Northern & Santa Fe Railway Co. (Memphis, TN), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 18500

Order Duration: 2004 - 2005

Content of Injunction:

Expungement of Employment Record

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

EEOC-centric:

Direct Suit on Merits