EEOC v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO. | Civil Rights Litigation Clearinghouse

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Case Name	EEOC v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO.	EE-WI-0009
Docket / Court	2:02-cv-00456-CNC ( E.D. Wis. )
State/Territory	Wisconsin
Case Type(s)	Disability Rights-Pub. Accom. Equal Employment
Special Collection	EEOC Study -- in sample
Attorney Organization	EEOC
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 ... read more > 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. Kevin Wilemon - 06/07/2007 compress summary

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Issues and Causes of Action

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Issues

Content of Injunction

Develop anti-discrimination policy

Discrimination Prohibition

Expungement of Employment Record

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Discrimination-area

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

Discrimination-basis

Disability (inc. reasonable accommodations)

EEOC-centric

Direct Suit on Merits

General

Disparate Treatment

Retaliation

Plaintiff Type

EEOC Plaintiff

Causes of Action

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

Case Details

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Defendant(s)	Burlington Northern & Santa Fe Railway Company
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	Voluntary Dismissal
Order Duration	2002 - 2004
Case Closing Year	2002
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 By: Susan Sturm (Columbia Law School) Citation: 101 Colum. L. Rev. 458 (2001) [ Detail ] [ External Link ]

Documents

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Docket(s)

2:02-cv-00456-CNC (E.D. Wis.)
EE-WI-0009-9000.pdf | Detail
Date: 06/28/2002
Source: PACER [Public Access to Court Electronic Records]

General Documents

Agreed Order (2002 WL 32155386) (E.D. Wis.) EE-WI-0009-0002.pdf \| WESTLAW \| Detail Date: 05/08/2002 Source: Westlaw
EEOC FY 2002 Office of General Counsel Annual Report EE-WI-0009-0001.pdf \| Detail Date: 06/16/2003

People

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