University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY et al EE-KS-0003
Docket / Court 2:06-cv-02069-JAR-GLR ( D. Kan. )
State/Territory Kansas
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
In February 2006, the EEOC district office in St. Louis, Missouri brought this suit against the Burlington Northern Santa Fe Railway Company, a national freight courier, and the Transportation Union Communications International Union (TCU) in the U.S. District Court for the District of Kansas. The ... read more >
In February 2006, the EEOC district office in St. Louis, Missouri brought this suit against the Burlington Northern Santa Fe Railway Company, a national freight courier, and the Transportation Union Communications International Union (TCU) in the U.S. District Court for the District of Kansas. The complaint alleged that Burlington Northern unlawfully terminated employees above the age of seventy and did not allow them to participate in the Voluntary Retirement Board Program in violation of the Age Discrimination in Employment Act (ADEA). The complaint also alleged that TCU unlawfully discriminated against clerical workers in violation of the ADEA when it refused to allow employees above the age of seventy to participate in the Voluntary Retirement Board Program.

In August of 2006, the EEOC and the union entered a partial consent decree amending the language of the Burlington Northern collective bargaining agreement so that it does not violate the ADEA. In March 2007, the EEOC settled with Burlington Northern as well. Burlington Northern agreed to pay a total of $800,000 to 138 individuals, to refrain from implementing any voluntary retirement incentive that discriminates on the basis of age, to refrain from retaliating on the basis of age, to post EEO notices, to allow the EEOC to inspect any documentation regarding this litigation, and to notify the EEOC if any new voluntary retirement incentives were to be added.

The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2009.

Jason Chester - 06/18/2007
- 06/10/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Post/Distribute Notice of Rights / EE Law
Reporting
Retaliation Prohibition
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Burlington Northern Santa Fe Railway, Co.
Transportation Communications International Union
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 Court Approved Settlement or Consent Decree
Order Duration 2007 - 2009
Case Closing Year 2009
Case Ongoing No
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 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
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-02069-JAR-GLR (D. Kan.)
EE-KS-0003-9000.pdf | Detail
Date: 03/30/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-KS-0003-0002.pdf | Detail
Date: 02/28/2006
First Amended Complaint [ECF# 3]
EE-KS-0003-0001.pdf | Detail
Date: 03/09/2006
Source: PACER [Public Access to Court Electronic Records]
Partial Consent Decree
EE-KS-0003-0003.pdf | Detail
Date: 08/28/2006
Second Amended Complaint
EE-KS-0003-0004.pdf | Detail
Date: 09/11/2006
Stipulated Order of Dismissal (D. Kan.)
EE-KS-0003-0005.pdf | Detail
Date: 02/27/2007
Consent Decree
EE-KS-0003-0006.pdf | Detail
Date: 03/30/2007

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