University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Union Pacific Railroad Company EE-TX-0393
Docket / Court 3:02-cv-00445-DB ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as ... read more >
On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as plaintiff-intervenor under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against the same defendant. The plaintiff-intervenor sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the plaintiff-intervenor when he lied about his criminal background on his application but did not discharge similarly situated white employees who also lied.

On October 2, 2003, the District Court (Judge David Briones) granted the defendant's motion for summary judgment with regards to the plaintiff's racial discrimination claim filed pursuant to 42 U.S.C. § 1981, and denied with regards to plaintiff's Title VII claims. The District Court (Judge Briones) filed an amended opinion on October 24, 2003 but with the same outcome.

On January 21, 2004, the District Court (Judge David Briones) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $84,000.

Perry Miska - 05/13/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Race discrimination
EEOC-centric
Private Party intervened in EEOC suit
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) UNION PACIFIC RAILROAD COMPANY
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a Black employee who was allegedly discharged because of his race.
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 2004 - 2006
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)
3:02-cv-00445-DB (W.D. Tex.) 02/02/2004
EE-TX-0393-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
DeMarco Howard's Complaint in Intervention 04/07/2003
EE-TX-0393-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Regarding Motion for Summary Judgment] 10/02/2003 (W.D. Tex.)
EE-TX-0393-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Memorandum Opinion and Order [Regarding Motion for Summary Judgment] 10/24/2003 (W.D. Tex.)
EE-TX-0393-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 02/02/2004
EE-TX-0393-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (February 2004) 02/28/2004
EE-TX-0393-0005.pdf | Detail
Document Source: EEOC.gov
Judges Briones, David (W.D. Tex.)
EE-TX-0393-0002 | EE-TX-0393-0003 | EE-TX-0393-0004 | EE-TX-0393-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chavez, Enrique Jr. (Texas)
EE-TX-0393-9000
Dominguez, Leticia (Texas)
EE-TX-0393-0004 | EE-TX-0393-9000
Dominguez, Francisco X (Texas)
EE-TX-0393-0001 | EE-TX-0393-9000
Harwin, Robert B. (District of Columbia)
EE-TX-0393-0004 | EE-TX-0393-9000
Taylor, Judith G. (Texas)
EE-TX-0393-0004 | EE-TX-0393-9000
Defendant's Lawyers Schoonmaker, Linda Cooper (Texas)
EE-TX-0393-0004 | EE-TX-0393-9000
Other Lawyers None on record

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