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Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO. EE-WI-0009
Docket / Court 2:02-cv-00456-CNC ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The EEOC's Milwaukee district office sued Burlington Northern and Santa Fe Railway Company on May 8, 2002. The EEOC's complaint is not available; however the EEOC's causes of action are contained in the settlement agreement filed with the court on May 8, 2002. Burlington Northern allegedly ... read more >
The EEOC's Milwaukee district office sued Burlington Northern and Santa Fe Railway Company on May 8, 2002. The EEOC's complaint is not available; however the EEOC's causes of action are contained in the settlement agreement filed with the court on May 8, 2002. Burlington Northern allegedly violated the Americans with Disabilities Act when it discriminated against numerous employees injured by their employment (carpal tunnel syndrome) and forced them to submit samples for genetic testing, retaliating against those who refused by terminating their employment.

The settlement agreement mainly focused on Burlington's destruction of the genetic samples, training concerning the ADA, and implementation of a process to securely handle employee medical records and ensure that this practice would not occur again. The settlement agreement also stipulated that Burlington would pay all of the claimants a total of $3,080,000.000 in damages.

Kevin Wilemon - 06/07/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Expungement of Employment Record
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Retaliation
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Burlington Northern & Santa Fe Railway 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 Voluntary Dismissal
Order Duration 2002 - 2004
Case Closing Year 2002
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)
2:02-cv-00456-CNC (E.D. Wis.) 06/28/2002
EE-WI-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Agreed Order 05/08/2002 (2002 WL 32155386) (E.D. Wis.)
EE-WI-0009-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
EEOC FY 2002 Office of General Counsel Annual Report 06/16/2003
EE-WI-0009-0001.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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