University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY et al EE-KS-0003
Docket / Court 2:06-cv-02069-JAR-GLR ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2006, the EEOC district office in St. Louis, Missouri brought this suit against the Burlington Northern Santa Fe Railway Company, a national freight courier, and the Transportation Union Communications International Union (TCU) in the U.S. District Court for the District of Kansas. The ... read more >
In February 2006, the EEOC district office in St. Louis, Missouri brought this suit against the Burlington Northern Santa Fe Railway Company, a national freight courier, and the Transportation Union Communications International Union (TCU) in the U.S. District Court for the District of Kansas. The complaint alleged that Burlington Northern unlawfully terminated employees above the age of seventy and did not allow them to participate in the Voluntary Retirement Board Program in violation of the Age Discrimination in Employment Act (ADEA). The complaint also alleged that TCU unlawfully discriminated against clerical workers in violation of the ADEA when it refused to allow employees above the age of seventy to participate in the Voluntary Retirement Board Program.

In August of 2006, the EEOC and the union entered a partial consent decree amending the language of the Burlington Northern collective bargaining agreement so that it does not violate the ADEA. In March 2007, the EEOC settled with Burlington Northern as well. Burlington Northern agreed to pay a total of $800,000 to 138 individuals, to refrain from implementing any voluntary retirement incentive that discriminates on the basis of age, to refrain from retaliating on the basis of age, to post EEO notices, to allow the EEOC to inspect any documentation regarding this litigation, and to notify the EEOC if any new voluntary retirement incentives were to be added.

Jason Chester - 06/18/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Post/Distribute Notice of Rights / EE Law
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Burlington Northern Santa Fe Railway, Co.
Transportation Communications International Union
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 2007 - 2009
Case Closing Year 2007
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)
2:06-cv-02069-JAR-GLR (D. Kan.) 03/30/2007
EE-KS-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/28/2006
EE-KS-0003-0002 PDF | Detail
First Amended Complaint 03/09/2006
EE-KS-0003-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Partial Consent Decree 08/28/2006
EE-KS-0003-0003 PDF | Detail
Second Amended Complaint 09/11/2006
EE-KS-0003-0004 PDF | Detail
Stipulated Order of Dismissal 02/27/2007 (D. Kan.)
EE-KS-0003-0005 PDF | Detail
Consent Decree 03/30/2007
EE-KS-0003-0006 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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