University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. UNION PACIFIC RAILROAD COMPANY et al EE-WA-0103
Docket / Court 2:04-cv-00866-MJP ( W.D. Wash. )
State/Territory Washington
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
In April 2004, the EEOC district office in Seattle, Washington brought this suit against the Union Pacific Railroad Company, a national railroad, and several individuals in the U.S. District Court for the Western District of Washington. A female complainant intervened in the case. The complaints ... read more >
In April 2004, the EEOC district office in Seattle, Washington brought this suit against the Union Pacific Railroad Company, a national railroad, and several individuals in the U.S. District Court for the Western District of Washington. A female complainant intervened in the case. The complaints alleged that the defendants violated Title VII of the Civil Rights Act of 1964 (sex). Specifically, the female claimed that she was subjected to inappropriate comments, pornography, and indecent exposure.

After a defense motion to dismiss for want of jurisdiction was denied, the parties settled. The EEOC consent decree states that the parties agreed that the defendant would pay the aggrieved party $260,000, refrain from retaliating and discriminating on the basis of sex, expunge the complainant's employment record of any reference to this litigation, would issue neutral references, distribute and post its anti-discrimination policy, provide three hours of EEO training, and submit semiannual compliance/complain reports to the EEOC. No fees or costs were awarded. The terms of the decree run for three years.

Jason Chester - 07/25/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Expungement of Employment Record
Neutral/Positive Reference
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Harassment / Hostile Work Environment
Discrimination-basis
Sex discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
State law
State Anti-Discrimination Law
Defendant(s) 1-10 Does
Alan Moench
Carol Cates
Fletcher Jamison
Jane Doe Howell
Jane Doe Jamison
Jane Doe Moench
Martin Howell
Rail Terminal Services
Union Pacific Railroad Company
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 Court Approved Settlement or Consent Decree
Order Duration 2005 - 2008
Case Closing Year 2005
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)
2:04-cv-00866-MJP (W.D. Wash.) 04/20/2005
EE-WA-0103-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/15/2004
EE-WA-0103-0001 PDF | Detail
Intervenor's Complaint 04/29/2004
EE-WA-0103-0002 PDF | Detail
Order Denying Defendants Rail Terminal Services and Moench's Motion to Dismiss Intervention Plaintiff's Claims 11/22/2004 (W.D. Wash.)
EE-WA-0103-0003 PDF | Detail
Order Denying Defendants Martin Howell and Carol Cates' Motion to Dismiss Plaintiff in Intervention's Claims 12/17/2004 (W.D. Wash.)
EE-WA-0103-0004 PDF | Detail
Consent Decree 04/12/2005
EE-WA-0103-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Consent Decree 04/20/2005
EE-WA-0103-0006 PDF | Detail
EEOC Litigation Settlement Report (April 2005) 04/30/2005
EE-WA-0103-0007 PDF | Detail
Judges None on record
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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