Case: EEOC v. Union Pacific Railroad Company

3:02-cv-00445 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 19, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as plaintiff-intervenor under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against the same defendant. The plaintiff-intervenor sought injunctive relief,…

On September 19, 2002, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a black employee, filed a lawsuit in the Western District Court of Texas against Union Pacific Railroad Company, however the complaint was unavailable. On April 7, 2003, the employee filed a complaint as plaintiff-intervenor under Title VII of the Civil Rights Act of 1964, as amended by Title I of the Civil Rights Act of 1991, against the same defendant. The plaintiff-intervenor sought injunctive relief, compensatory damages, punitive damages, attorneys' fees, and other forms of affirmative relief claiming that the defendant discharged the plaintiff-intervenor when he lied about his criminal background on his application but did not discharge similarly situated white employees who also lied.

On October 2, 2003, the District Court (Judge David Briones) granted the defendant's motion for summary judgment with regards to the plaintiff's racial discrimination claim filed pursuant to 42 U.S.C. § 1981, and denied with regards to plaintiff's Title VII claims. The District Court (Judge Briones) filed an amended opinion on October 24, 2003 but with the same outcome.

On January 21, 2004, the District Court (Judge David Briones) entered a consent decree where the defendant, among other things, agreed to pay the plaintiff-intervenor $84,000.

Summary Authors

Perry Miska (5/13/2014)

People


Judge(s)

Briones, David (Texas)

Attorneys(s) for Plaintiff

Chavez, Enrique Jr. (Texas)

Dominguez, Leticia (Texas)

Harwin, Robert B. (District of Columbia)

Taylor, Judith G. (Texas)

Attorneys(s) for Defendant

Schoonmaker, Linda Cooper (Texas)

Judge(s)

Briones, David (Texas)

Attorneys(s) for Plaintiff

Chavez, Enrique Jr. (Texas)

Dominguez, Leticia (Texas)

Harwin, Robert B. (District of Columbia)

Taylor, Judith G. (Texas)

Attorneys(s) for Defendant

Schoonmaker, Linda Cooper (Texas)

Documents in the Clearinghouse

Document

Docket

EEOC v. Union Pacific

Feb. 2, 2004 Docket
19

DeMarco Howard's Complaint in Intervention

April 7, 2003 Complaint
41

Memorandum Opinion and Order [Regarding Motion for Summary Judgment]

Oct. 2, 2003 Order/Opinion
64

Amended Memorandum Opinion and Order [Regarding Motion for Summary Judgment]

Oct. 24, 2003 Order/Opinion
71

Consent Decree

Feb. 2, 2004 Settlement Agreement

EEOC Litigation Settlement Report (February 2004)

No Court

Feb. 28, 2004 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Case assigned to Judge David Briones (jm) (Entered: 09/20/2002)

Sept. 19, 2002
1

Complaint filed. (Pages: 4) (jm) (Entered: 09/20/2002)

Sept. 19, 2002
2

Waiver of Service by Union Pacific ; Notice and Request Mailed on 10/3/02 ; Answer due on 12/2/02 for Union Pacific (mt) (Entered: 10/08/2002)

Oct. 8, 2002
3

Answer by Union Pacific (mt) (Entered: 11/18/2002)

Nov. 18, 2002
4

Order to comply with FRCP 26 and local court rule CV-16 (mt) (Entered: 11/20/2002)

Nov. 20, 2002
5

Notice of filing joint report of the meeting & joint discovery/case management plan under Rule 26(f) of the FRCP. by Equal Employment (mt) (Entered: 01/10/2003)

Jan. 10, 2003
6

Scheduling order setting Joining of parties, amending of pleadings on 4/1/03 Deadline for filing of all motions 6/20/03 Discovery cutoff 6/20/03 ; Alternate Dispute Resolution Report due by 2/10/03 ; Jury Selection set for 9:00 9/8/03 ; Jury trial set for 9:00 9/8/03 signed by Judge David Briones (mt) (Entered: 01/15/2003)

Jan. 14, 2003
7

Letter/Correspondence regarding: letter from the Court regarding courtroom protocol (mt) (Entered: 01/15/2003)

Jan. 14, 2003
8

Notice of filing disclosure of interested parties by Equal Employment (mt) (Entered: 02/07/2003)

Feb. 7, 2003
9

Alternate Dispute Resolution Report filed by Equal Employment, Union Pacific, Party(s) agree to Alternate Dispute Resolution (mt) (Entered: 02/10/2003)

Feb. 10, 2003
10

ORDER case referred to Alternate Dispute Resolution Mediation completed by: 4/18/03 Neutral Selection by: 4/18/03 signed by Judge David Briones. If deft. does not accept plaintiff's pending settlement offer, not later than 4/4/03, the parties participate in mediation with: Enrique Pena, Texas Arbitration Mediation Services, Inc., 1444 Montana Ave., Suite 205, El Paso, Tx. 79902, 915-533-8267. (mt) (Entered: 02/12/2003)

Feb. 12, 2003
11

Motion by Demarco W. Howard to intervene (mt) Modified on 03/12/2003 (Entered: 03/12/2003)

March 11, 2003
13

Order granting motion to substitute attorney Enrique Chavez, Jr. for Francisco X. Dominguez [12-1] ; terminated; Enrique Chavez Jr. added signed by Judge David Briones (mm1) (Entered: 03/28/2003)

March 28, 2003
14

Order granting the appearance of Mr. Enrique Chavez, Jr. signed by Judge David Briones (mm1) (Entered: 03/28/2003)

March 28, 2003
15

Notice of attorney appearance for Equal Employment by Enrique Chavez (mm1) (Entered: 03/28/2003)

March 28, 2003
16

Designation of expert witness filed by Equal Employment (em) (Entered: 04/01/2003)

April 1, 2003
17

Exhibit and witness list by Demarco Howard/ Equal Employment (em) (Entered: 04/01/2003)

April 1, 2003
18

Order granting motion for DeMarco Howard to intervene [11-1] signed by Judge David Briones (mt) (Entered: 04/08/2003)

April 7, 2003
19

Intervenor's complaint by DeMarco Howard against Equal Employment ) (mt) (Entered: 04/08/2003)

April 7, 2003
20

Answer by Union Pacific to intervenor complaint [19-1] (mt) (Entered: 04/09/2003)

April 9, 2003
21

Written status reporting the outcome of mediation by Equal Employment, Union Pacific, DeMarco Howard, Equal Employment (mt) (Entered: 04/18/2003)

April 18, 2003
22

Proposed / Witness List by Union Pacific (mm1) (Entered: 05/27/2003)

May 23, 2003
23

Joint motion by Equal Employment, Union Pacific to extend scheduling order so as to enlarge the dispositive motion deadline by one month (mt) (Entered: 06/11/2003)

June 11, 2003
24

Order granting joint motion to extend scheduling order so as to enlarge the dispositive motion deadline by one month [23-1] signed by Judge David Briones (mm1) (Entered: 06/17/2003)

June 16, 2003
25

Motion by Equal Employment to compel discovery (mt) (Entered: 06/17/2003)

June 16, 2003
26

Joint motion by Equal Employment, Union Pacific to extend scheduling order deadlines (mt) (Entered: 07/17/2003)

July 16, 2003
27

Order granting joint motion to extend scheduling order deadlines [26-1] signed by Judge David Briones (mm1) (Entered: 07/21/2003)

July 18, 2003
28

Motion by Union Pacific for summary judgment (em) (Entered: 07/21/2003)

July 21, 2003
29

Notice of filing by Union Pacific of Appendix to Defendant's Motion for Summary Judgment. (em) (Entered: 07/21/2003)

July 21, 2003
30

Motion by Equal Employment to extend time to respond to defts. summary judgment motion (mt) (Entered: 07/25/2003)

July 24, 2003
32

Appendix for in opposition response [31-1] by Equal Employment (mt) (Entered: 08/01/2003)

Aug. 1, 2003
33

Response by Equal Employment in opposition to motion for summary judgment [28-1] (mt) (Entered: 08/01/2003)

Aug. 1, 2003
34

Order granting motion to extend time to respond to defts. summary judgment motion by 8/31/03 [30-1] signed by Judge David Briones (jm) (Entered: 08/04/2003)

Aug. 4, 2003
35

Supplemental motion by Union Pacific : supplementing motion for summary judgment [28-1] (mt) (Entered: 08/06/2003)

Aug. 5, 2003
36

Motion by Union Pacific to extend reply brief deadline (mt) (Entered: 08/16/2003)

Aug. 15, 2003
37

Order granting motion to extend reply brief deadline [36-1] signed by Judge David Briones time is extended to 9/12/03 (fe) (Entered: 08/19/2003)

Aug. 19, 2003
38

Motion by Equal Employment to with draw its motion to compel (fe) (Entered: 08/21/2003)

Aug. 21, 2003
39

Order granting motion to withdraw its motion to compel [38-1] signed by Judge David Briones (mt) (Entered: 08/26/2003)

Aug. 25, 2003

Mooted motions motion to compel discovery [25-1] (mt) (Entered: 08/26/2003)

Aug. 25, 2003
40

Deft. Union Pacific Railroad Company's Reply brief in support of its motion for summary judgment (mt) (Entered: 09/12/2003)

Sept. 12, 2003
41

Order granting in part, denying in part supplemental motion supplementing motion for summary judgment [35-1], granting in part, denying in part motion for summary judgment [28-1] signed by Judge David Briones (mt) (Entered: 10/02/2003)

Oct. 2, 2003
42

Motion by Union Pacific in limine (mt) (Entered: 10/05/2003)

Oct. 3, 2003
43

Proposed / Witness List by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003
44

Notice of filing proposed jury charge by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003
45

Notice of filing porposed voir dire questions by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003
46

Exhibit list by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003
47

Notice of filing required pretrial filings, proposes voir dire questions and statement to be read to the jury, by Union Pacific (mt) (Entered: 10/05/2003)

Oct. 3, 2003
48

Notice of filing proposed verdict form by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
49

Notice of filing exhibit identification by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
51

Notice of filing proposed stipulated facts by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
52

Notice of filing designation of trial witnesses by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
53

Proposed Jury instructions by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
54

Notice of filing witnesses whose testimony may present by means of a deposition by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
55

Notice of filing porposed voir dire questions by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
56

Motion by Equal Employment, Equal Employment in limine (mt) (Entered: 10/05/2003)

Oct. 3, 2003
57

Notice of filing estimate of trial length by Equal Employment, Equal Employment (mt) (Entered: 10/05/2003)

Oct. 3, 2003
58

Joint motion by Equal Employment, Union Pacific to continue trial (mt) (Entered: 10/05/2003)

Oct. 3, 2003
59

Memorandum by Equal Employment in support of motion in limine [56-1] (mt) (Entered: 10/05/2003)

Oct. 3, 2003
60

Order granting joint motion to continue trial [58-1] Jury trial 8:30 12/8/03 signed by Judge David Briones (mt) (Entered: 10/07/2003)

Oct. 7, 2003
61

Motion by Equal Employment for clarification (mt) (Entered: 10/10/2003)

Oct. 9, 2003
62

Response and Objections by Equal Employment to motion in limine [42-1] (mt) (Entered: 10/15/2003)

Oct. 14, 2003
63

Written Objections by Equal Employment, Equal Employment to jury instructions [53-1] (mt) (Entered: 10/15/2003)

Oct. 14, 2003
64

Amended Order granting in part, denying in part motion for summary judgment [28-1] signed by Judge David Briones (mt) (Entered: 10/24/2003)

Oct. 24, 2003
65

Order vacating non-jury trial of 12/8/03 and ordering proposed dismissal of this cause on or before 12/17/03 signed by Judge David Briones (dl1) (Entered: 11/21/2003)

Nov. 20, 2003
66

Joint motion by Union Pacific, Equal Employment, DeMarco Howard for extension of time to file proposed dismissal (jm) (Entered: 12/17/2003)

Dec. 17, 2003
67

Order granting joint motion for extension of time to file proposed dismissal [66-1] (Parties file a proposed dismissal of this cause on or before 1/17/04) signed by Judge David Briones (jm) (Entered: 12/19/2003)

Dec. 19, 2003
68

Joint motion by Equal Employment, DeMarco Howard, Union Pacific to enter consent decree (jm) (Entered: 01/16/2004)

Jan. 16, 2004
70

Order granting joint motion to dismiss and for entry of Consent Decree [69-1] signed by Judge David Briones (jm) (Entered: 02/03/2004)

Feb. 2, 2004
71

Consent decree for Equal Employment against Union Pacific signed by Judge David Briones ) (jm) (Entered: 02/03/2004)

Feb. 2, 2004

Case closed (jm) (Entered: 02/03/2004)

Feb. 2, 2004

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 19, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a Black employee who was allegedly discharged because of his race.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

UNION PACIFIC RAILROAD COMPANY, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 84,000

Order Duration: 2004 - 2006

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Private Party intervened in EEOC suit