University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BURLINGTON NORTHERN AND SANTE FE RAILWAY COMPANY EE-TN-0018
Docket / Court 2:03-cv-02918-SHM-tmp ( W.D. Tenn. )
State/Territory Tennessee
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
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 ... read more >
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.

Michele Marxkors - 06/08/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Expungement of Employment Record
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Burlington Northern & Santa Fe Railway Co.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2004 - 2005
Case Closing Year 2004
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)
2:03-cv-02918-SHM-tmp (W.D. Tenn.) 05/20/2004
EE-TN-0018-9000.pdf | Detail
General Documents
Settlement Agreement 05/12/2004
EE-TN-0018-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pham, Tu M. (W.D. Tenn.) [Magistrate]
EE-TN-0018-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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