On April 29, 2002, six employees filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Missouri Human Rights Act in the United States District Court for the Eastern District of Missouri against their employer, the Union Pacific Railroad Company ("UPRR"). The plaintiffs, represented by private counsel, alleged racial discrimination and asked the court for declaratory and injunctive relief. Specifically, the plaintiffs alleged systemic racial discrimination in UPRR's employee selection, training and compensation policies, practices and procedures, including claims of disparate impact and disparate treatment.

According to the PACER docket, on August 29, 2003, the plaintiffs filed a motion for class certification and on November 15, 2004, a hearing on the plaintiffs' motion for class certification began. The plaintiffs sought to certify a class of all African-Americans, who, from July 18, 2000 to the present, were adversely impacted by one or more aspects of the UPRR's policies, practices and procedures related to selections for non-agreement job vacancies. On August 5, 2005, the court (Judge Stephen Limbaugh) denied the plaintiffs' motion for class certification, holding that plaintiffs had failed to satisfy numerosity, commonality, typicality, and adequacy of representation requirements. Yapp v. Union Pacific Ry. Co., 229 F.R.D. 608 (E.D. Mo. 2005).

According to the PACER docket, on July 24, 2006, the defendant filed a motion for summary judgment. On September 26, 2006, the court (Judge Limbaugh) referred the case to alternative dispute resolution in the form of mediation, yet the parties failed to reach a settlement. On March 29, 2007, the court (Judge Limbaugh) granted in part the defendant's motion for summary judgment, dismissing majority of the plaintiffs' claims. On November 9, 2007, the plaintiffs issued a stipulation of dismissal with prejudice, and on November 13, 2007, the court (Judge Limbaugh) dismissed the case with prejudice. No further details regarding the settlement are available.

Emily Kuznick - 04/14/2008


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