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Case Name Salinas v. Roadway Express, Inc. EE-TX-0467
Docket / Court 5:71-cv-00254 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for ... read more >
In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for the higher paying position of road driver while non-whites were relegated to the lower paying position of city driver and the union had violated 42 U.S.C. § 1981 by agreeing with Roadway to establish and maintain a dual seniority system in the collective bargaining agreement for city and road drivers.

On November 4, 1985, the district court approved a proposed consent decree, according to which all class members received a monetary reward, and ten members retained over-the-road seniority retroactive to March 1971, and all members could transfer, without seniority, from a city driver to a road driver position.

Certain class members challenged the fairness of the consent decree and appealed. On October 17, 1986, the 5th Circuit (Per Curiam) held that the district court did not abuse its discretion in approving consent decree.

In 2004, four members of the class brought suit in the U.S. District Court for the Western District of Texas to enforce the consent decree and to recover back-pay and interest under its terms. However, the magistrate judge determined, and the 5th Circuit affirmed on December 19, 2006, that they were time-barred from enforcing the consent decree.

Kunyi Zhang - 06/28/2010


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Discrimination-area
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Seniority
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Local #657
Roadway Express, Inc.
Southern Conference of Teamsters
Plaintiff Description Plaintiffs were Black and Hispanic truck drivers in San Antonio, Texas, who were employed by defendant.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se Unknown
Prevailing Party Unknown
Public Int. Lawyer Unknown
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 1971
Case Closing Year 1986
Case Ongoing No
Docket(s)
5:71−cv−00254 (W.D. Tex.)
EE-TX-0467-9000.pdf | Detail
Date: 07/02/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
5th Circuit Opinion (vacated the district court's judgment) (735 F.2d 1574)
EE-TX-0467-0002.pdf | WESTLAW| LEXIS | Detail
Date: 07/16/1984
Source: Google Scholar
5th Circuit Opinion (affirmed the district court's decision to approve consent decree) (802 F.2d 787)
EE-TX-0467-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/17/1986
Source: Google Scholar
5th Circuit Opinion (affirmed the district court's decision) (473 F.3d 565)
EE-TX-0467-0001.pdf | WESTLAW| LEXIS | Detail
Date: 12/19/2006
Source: U.S. Court of Appeals website
show all people docs
Judges Garza, Emilio M. (W.D. Tex., Fifth Circuit) show/hide docs
EE-TX-0467-0001
Johnson, Samuel D. Jr. (Fifth Circuit) show/hide docs
EE-TX-0467-0002
Jolly, E. Grady (Fifth Circuit) show/hide docs
EE-TX-0467-0003
Kirkpatrick, Andrew (D.N.J.) show/hide docs
EE-TX-0467-0003
Politz, Henry Anthony (Fifth Circuit) show/hide docs
EE-TX-0467-0003
Plaintiff's Lawyers Evans, Larry (Texas) show/hide docs
EE-TX-0467-9000
Fields, Richard (Tennessee) show/hide docs
EE-TX-0467-9000
Hicks, James L. Jr. (Texas) show/hide docs
EE-TX-0467-9000
Mims, Carnegie H. Jr. (Texas) show/hide docs
EE-TX-0467-9000
Nelkin, Stuart (Texas) show/hide docs
EE-TX-0467-9000
Padgett, Shelton E. (Texas) show/hide docs
EE-TX-0467-9000
Ravkind, Sidney (Texas) show/hide docs
EE-TX-0467-9000
Weir, Warren N. (Texas) show/hide docs
EE-TX-0467-9000
Defendant's Lawyers Babb, G. William (Texas) show/hide docs
EE-TX-0467-9000
Manitzas, Frank S. (Texas) show/hide docs
EE-TX-0467-9000

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