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Case Name EEOC v. KANSAS CITY SOUTHERN RAILWAY COMPANY EE-LA-0045
Docket / Court 2:05-cv-02668-HGB-JCW ( E.D. La. )
Additional Docket(s) 2:03-cv-02742-HGB-JCW  [ 03-2742 ]  E.D. La.
State/Territory Louisiana
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On June 29, 2005, the EEOC's New Orleans district office filed this action on behalf of employees of the Kansas City Southern Railway Company (KCS) in the Eastern District of Louisiana. The complaint alleged that KCS had disciplined and discharged its black employees due to their race and ... read more >
On June 29, 2005, the EEOC's New Orleans district office filed this action on behalf of employees of the Kansas City Southern Railway Company (KCS) in the Eastern District of Louisiana. The complaint alleged that KCS had disciplined and discharged its black employees due to their race and retaliated against complaints of discrimination. The EEOC claimed KCS's actions violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The EEOC sought a permanent injunction to enjoin the defendant from engaging in racial discrimination and to institute polices and programs to promote equal employment opportunities. The plaintiff also requested punitive damages and attorneys' fees and costs. The case was assigned to judge Sarah Vance.

On July 27, 2005, the EEOC filed an amended complaint to remove one of the employees from the statement of the claims.

In October 2005, this case was related to a case filed privately by an individual who sought to intervene against the same defendant. The case was transferred to Judge Helen C. Berrigan. Multiple individuals sought to intervene individually between October 2005 and July 2006. Eventually, the case was consolidated with all claims against KCS in Turner v. Kansas City South Railway Co. on July 25, 2006, which became the primary docket sheet. The elements for a claim of race discrimination against the employer were identical in the two consolidated cases. In November, the matter was transferred to Judge Donald E. Walter.

On March 4, 2009, the defendant filed for summary judgment in Turner, which the judge granted on May 19, 2009, dismissing all claims against defendant with prejudice. The court found for the defendant because the plaintiffs were unable to establish their burden that KCS intentionally discriminated or retaliated against them on the basis of race.

The plaintiffs appealed on July 17, 2009. On July 31, 2012 the US Court of Appeals for the Fifth Circuit remanded the case to the District Court for further proceedings. The Circuit Court affirmed the District Court's grant of KCS's motion for summary judgment on discrimination claims related to decisions to discipline certain employees, but reversed on the claims related to decisions to dismiss others. The court reasoned that KCS had not met its burden of evidence of legitimate, nondiscriminatory reasons motivating its employment decisions.

The parties settled by consent decree on January 31, 2013. KCS promised not to discriminate against any employee or applicant for employment based on their race. It agreed to provide one of the original plaintiffs with a job recommendation by a senior level manager and to consider rehiring the other. It also agreed to provide Equal Employment Opportunity training to its employees about employment discrimination. The consent decree lasted for one year and both parties agreed to pay their own attorneys' fees. The case is now closed.

Shankar Viswanathan - 08/11/2008
Esther Vinarov - 10/24/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Hire
Provide antidiscrimination training
Reinstatement
Retaliation Prohibition
Training
Defendant-type
Transportation
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Discipline
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
Private Suit Related / Consolidated with EEOC Suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. § 1981
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Kansas City Southern 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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2014
Filing Year 2005
Case Closing Year 2014
Case Ongoing No
Case Listing EE-LA-0105 : Turner v. Kansas City South Railway Company, Inc. (E.D. La.)
Docket(s)
2:05-cv-02668-HGB-JCW (E.D. La.)
EE-LA-0045-9000.pdf | Detail
Date: 01/31/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
EE-LA-0045-0001.pdf | Detail
Date: 06/29/2005
Amended Complaint and Jury Demand [ECF# 4]
EE-LA-0045-0002.pdf | Detail
Date: 07/27/2005
Complaint in Intervention [ECF# 15]
EE-LA-0045-0003.pdf | Detail
Date: 11/28/2005
Source: PACER [Public Access to Court Electronic Records]
Order [Regarding Transfer of Venue] (E.D. La.)
EE-LA-0045-0004.pdf | Detail
Date: 12/16/2005
Complaint in Intervention
EE-LA-0045-0005.pdf | Detail
Date: 03/17/2006
Judgment [ECF# 47] (E.D. La.)
EE-LA-0045-0009.pdf | Detail
Date: 05/19/2009
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 47] (E.D. La.)
EE-LA-0045-0013.pdf | Detail
Date: 05/19/2009
Source: PACER [Public Access to Court Electronic Records]
Judgment [Ct. of App. ECF# 52]
EE-LA-0045-0010.pdf | Detail
Date: 07/31/2012
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 53] (E.D. La.)
EE-LA-0045-0011.pdf | Detail
Date: 01/31/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Walter, Donald Ellsworth (W.D. La.)
EE-LA-0045-0009 | EE-LA-0045-0011 | EE-LA-0045-0013 | EE-LA-0045-9000
Wilkinson, Joseph C. Jr. (E.D. La.) [Magistrate]
EE-LA-0045-9000
Plaintiff's Lawyers Bowne, Timothy M. (Texas)
EE-LA-0045-9000
Butler, Michelle T (Louisiana)
EE-LA-0045-9000
Graham, Nancy Eleanor (Louisiana)
EE-LA-0045-9000
Hill, Keith T. (Louisiana)
EE-LA-0045-9000
Juge, Gregory T. (Louisiana)
EE-LA-0045-9000
Mann, Mary R (Washington)
EE-LA-0045-9000
Morgan, S. Reed (Texas)
EE-LA-0045-9000
Sacher, James Philip (Texas)
EE-LA-0045-9000
Sustaita, Rodolfo Lucio (Texas)
EE-LA-0045-9000
Defendant's Lawyers Almon, Matthew S. (Louisiana)
EE-LA-0045-9000
Fezio, John Mark (Louisiana)
EE-LA-0045-9000
Fontham, Michael R. (Louisiana)
EE-LA-0045-9000
Gilliam, Bobby Stephen (Louisiana)
EE-LA-0045-9000
Grossman, Louis Matthew (Louisiana)
EE-LA-0045-9000
Harris, Charlie J. (Missouri)
EE-LA-0045-9000
Martucci, William C. (Missouri)
EE-LA-0045-9000
McAtee, Carrie A. (Missouri)
EE-LA-0045-9000
McPeak, Agnieszka Anna (Louisiana)
EE-LA-0045-9000
Page, Kristen A. (Missouri)
EE-LA-0045-9000
Talley, Patrick A. Jr. (Louisiana)
EE-LA-0045-9000
Wisdom, Rachel Wendt (Louisiana)
EE-LA-0045-9000
Other Lawyers Cameron, Nelson Welch (Louisiana)
EE-LA-0045-9000
deBoisblanc, Donald F. (Louisiana)
EE-LA-0045-9000
deBoisblanc, Donald Francis Jr. (Louisiana)
EE-LA-0045-9000
Smith, J. Rand (Louisiana)
EE-LA-0045-9000

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