Filed Date: May 8, 2002
Closed Date: 2002
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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)
Last updated April 2, 2024, 3:06 a.m.
State / Territory: Wisconsin
Case Type(s):
Special Collection(s):
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):
Attorney Organizations:
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:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 3080000
Order Duration: 2002 - 2004
Content of Injunction:
Expungement of Employment Record
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: