Case: EEOC v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO.

2:02-cv-00456 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: May 8, 2002

Closed Date: 2002

Clearinghouse coding complete

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 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.

Summary Authors

Kevin Wilemon (6/7/2007)

Documents in the Clearinghouse

Document

2:02-cv-00456

Docket (PACER)

EEOC v. Burlington N & Santa

June 28, 2002

June 28, 2002

Docket

2:02-cv-00456

Agreed Order

EEOC v. Burlington Northern and Santa Fe Railway Company

May 8, 2002

May 8, 2002

Order/Opinion

2002 WL 2002

EEOC FY 2002 Office of General Counsel Annual Report

EEOC v. Burlington Northern and Santa Fe Railway Company

No Court

June 16, 2003

June 16, 2003

Press Release

Resources

Docket

Last updated April 2, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Goodstein (ers, )

May 8, 2002

May 8, 2002

2

ORDER by Judge Charles N. Clevert THAT the Court has jurisdiction over the subject matter of this action & over the parties for the purposes of the settlement agreement. THAT the terms of the setttlement agreement are fair, reasonable & adequate. THAT The Agreed Order is approved. THAT the court retains jurisdistion to enforce the aforesaid "Agreed Order". THAT this case is Dismissed dismissing case (cc: all counsel) (ers, ) (Entered: 07/01/2002)

June 28, 2002

June 28, 2002

Case Details

State / Territory: Wisconsin

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 8, 2002

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Burlington Northern & Santa Fe Railway Company, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 3080000

Order Duration: 2002 - 2004

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits