Case: EEOC v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY

2:06-cv-02069 | U.S. District Court for the District of Kansas

Filed Date: Feb. 28, 2006

Closed Date: 2009

Clearinghouse coding complete

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 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…

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.

Summary Authors

Jason Chester (6/18/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267536/parties/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

March 30, 2007 Docket
1

Complaint

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Feb. 28, 2006 Complaint
3

First Amended Complaint

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

March 9, 2006 Complaint
27

Partial Consent Decree

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Aug. 28, 2006 Settlement Agreement
30

Second Amended Complaint

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Sept. 11, 2006 Complaint
55

Stipulated Order of Dismissal

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

Feb. 27, 2007 Order/Opinion
56

Consent Decree

Equal Employment Opportunity Commission v. Burlington Northern Santa Fe Railway Company

March 30, 2007 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267536/equal-employment-opportunity-commission-v-burlington-northern-santa-fe/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (No Summons Issued) with trial location of Kansas City, Kansas, filed by Equal Employment Opportunity Commission.(kao) (Entered: 02/28/2006)

Feb. 28, 2006 RECAP
2

ORDER REASSIGNING CASE. Case reassigned to Judge Gerald L. Rushfelt for all further pretrial proceedings. Judge David J. Waxse no longer assigned to case. Entered by deputy clerk on 2/28/06. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 02/28/2006)

Feb. 28, 2006 PACER
3

FIRST AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 03/09/2006)

March 9, 2006 PACER
4

CONSENT MOTION for Extension of Time to File Answer re 3 Amended Complaint by Defendant Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 03/27/2006)

March 27, 2006 PACER
5

CLERK'S ORDER extending time until 4/13/06 for Defendants Burlington Northern Santa Fe Railway Company to answer or otherwise plead. Document 4 was filed as a motion and per Magistrate Judge Gerald L. Rushfelt is being construed as a Clerk's Extension. Motion is termed. Signed by deputy clerk on 3/29/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ck ) (Entered: 03/29/2006)

March 29, 2006 PACER
6

MOTION for attorney Donald J. Munro to appear pro hac vice by Defendant Burlington Northern Santa Fe Railway Company. (Attachments: #(1) Affidavit) (Rowe, Jack) (Entered: 04/04/2006)

1 Affidavit

View on PACER

April 4, 2006 PACER
7

MOTION for attorney Joshua Rosenstein to appear pro hac vice by Defendant Burlington Northern Santa Fe Railway Company. (Attachments: #(1) Affidavit) (Rowe, Jack) (Entered: 04/04/2006)

1 Affidavit

View on PACER

April 4, 2006 PACER

PRO HAC VICE FEE PAID: On 4/4/06 in the amount of $100.00 re: 7 MOTION for attorney Joshua Rosenstein to appear pro hac vice, 6 MOTION for attorney Donald J. Munro to appear pro hac vice. Receipt Number K4631002178. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kao)

April 4, 2006 PACER
8

ORDER OF RECUSAL. Judge Kathryn H. Vratil recused. Case reassigned to Judge John W. Lungstrum for all further proceedings. By Judge Kathryn H. Vratil on 4/4/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ls) (Entered: 04/04/2006)

April 4, 2006 PACER
9

CORPORATE DISCLOSURE STATEMENT by Burlington Northern Santa Fe Railway Company identifying Burlington Northern Santa Fe Corporation as corporate parent. (Rowe, Jack) (Entered: 04/13/2006)

April 13, 2006 PACER
10

ANSWER to Amended Complaint by Burlington Northern Santa Fe Railway Company.(Rowe, Jack) (Entered: 04/13/2006)

April 13, 2006 PACER
11

ORDER granting 6 and 7 Motions to Appear Pro Hac Vice. Attorneys Donald J. Munro and Joshua Ian Rosenstein are granted leave to appear pro hac vice on behalf of Burlington Northern Santa Fe Railway Company. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Gerald L. Rushfelt on 04/18/06. (mg) (Entered: 04/18/2006)

April 18, 2006 PACER
12

ANSWER to Amended Complaint by Transportation Communications International Union. (Schwartz, Charles) (Entered: 04/28/2006)

April 28, 2006 PACER
13

MOTION for attorney Mitchell M. Kraus to appear pro hac vice by Defendant Transportation Communications International Union. (Attachments: #(1) Affidavit) (Schwartz, Charles) (Entered: 05/08/2006)

1 Affidavit

View on PACER

May 8, 2006 PACER

PRO HAC VICE FEE PAID: on 5/9/06 re: 13 MOTION for attorney Mitchell M. Kraus to appear pro hac vice in the amount of $50.00. Receipt Number 1002756. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jb)

May 9, 2006 PACER
14

ORDER granting 13 Motion to Appear Pro Hac Vice. Mitchell M. Kraus is granted leave to appear pro hac vice on behalf of Transportation Communications International Union. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Gerald L. Rushfelt on 05/25/06. (mg) (Entered: 05/26/2006)

May 26, 2006 PACER
15

JOINT STIPULATION to Amend 10 Answer to Amended Complaint by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Document title modified on 6/15/2006. (mg)) (Entered: 06/14/2006)

June 14, 2006 PACER
16

AMENDED ANSWER to First Amended Amended Complaint per Joint Stipulation Doc#15 3 Amended Complaint by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 06/14/2006)

June 14, 2006 PACER
17

ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 8/15/2006 at 02:15 PM before Magistrate Judge Gerald L. Rushfelt. Report of Parties Planning Meeting deadline 8/8/2006. Signed by Magistrate Judge Gerald L. Rushfelt on 6/15/06. (ll) (Entered: 06/15/2006)

June 15, 2006 PACER

Minute Entry for Telephone Scheduling Conference held before Magistrate Judge Gerald L. Rushfelt on 8/15/2006. Written Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)

Aug. 15, 2006 PACER
18

CERTIFICATE OF SERVICE of Plaintiff EEOC's First Interrogatories to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 08/16/2006)

Aug. 16, 2006 PACER
19

CERTIFICATE OF SERVICE of Plaintiff EEOC's First Request for Production of Documents to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 08/16/2006)

Aug. 16, 2006 PACER
20

SCHEDULING ORDER from Scheduling Conference held before Magistrate Judge Gerald L. Rushfelt on 8/15/2006. Discovery deadline 5/15/2007. Dispositive motion deadline set for 5/15/2007. Confidential settlement reports due 1/31/2007. Proposed Pretrial Order due by 5/15/2007. Final Pretrial Conference set for 5/22/2007 at 10:00 AM before Magistrate Judge Gerald L. Rushfelt. Status Conference set for 1/16/2007 at 02:00 PM before Magistrate Judge Gerald L. Rushfelt. Court Trial set for 11/6/2007 at 09:30 AM before Chief Judge John W. Lungstrum. Estimated trial time 2 weeks. (SEE SCHEDULING ORDER FOR FURTHER DEADLINES.) Signed by Magistrate Judge Gerald L. Rushfelt on 8/17/2006.(jm) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
21

JOINT STIPULATION Regarding Inadvertent Disclosure of Privileged Materials by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Modified on 8/22/2006. (mg)) (Entered: 08/21/2006)

Aug. 21, 2006 PACER
22

CERTIFICATE OF SERVICE of Defendant BNSF's First Set of Interrogatories and First Request for Production of Documents by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 08/21/2006)

Aug. 21, 2006 PACER
23

NOTICE OF SERVICE by Burlington Northern Santa Fe Railway Company of Rule 26(a) Initial Disclosures. (Rowe, Jack) (Entered: 08/25/2006)

Aug. 25, 2006 PACER
24

CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures Made Pursuant to Rule 26 (a)(1) by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 08/25/2006)

Aug. 25, 2006 PACER
25

CERTIFICATE OF SERVICE of Plaintiff EEOC's Second Request for Production of Documents to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 08/28/2006)

Aug. 28, 2006 PACER
26

CERTIFICATE OF SERVICE of Plaintiff's Notice of Rule 30(b)(6) Deposition by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 08/28/2006)

Aug. 28, 2006 PACER
27

PARTIAL CONSENT DECREE. Signed by Judge John W. Lungstrum on 08/28/2006.(ses) (Entered: 08/28/2006)

Aug. 28, 2006 RECAP
28

MOTION to Amend Complaint re 1 Complaint by Plaintiff Equal Employment Opportunity Commission. (Attachments: #(1)) (Seely, Barbara) (Entered: 09/06/2006)

Sept. 6, 2006 PACER
29

ORDER granting 28 Plaintiff's unopposed Motion for Leave to File Second Amend Complaint. Plaintiff shall electronically file its Second Amended Complaint within ten (10) days of the date of this Order. Signed by Magistrate Judge Gerald L. Rushfelt on 9/11/2006. (byk) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
30

SECOND AMENDED COMPLAINT Second Amended Complaint against Burlington Northern Santa Fe Railway Company, filed by Equal Employment Opportunity Commission.(Seely, Barbara) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
31

ANSWER to Second Amended Complaint by Burlington Northern Santa Fe Railway Company.(Rowe, Jack) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
32

CERTIFICATE OF SERVICE of BNSF's Responses to Plaintiff's First Set of Interrogatories and BNSF's Responses to Plaintiff's First Request for Production of Documents by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 09/19/2006)

Sept. 19, 2006 PACER
33

CERTIFICATE OF SERVICE of Plaintiff EEOC's Answers and Objections to Defendant's First Interrogatories to Plaintiff EEOC by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 09/21/2006)

Sept. 21, 2006 PACER
34

CERTIFICATE OF SERVICE of Plaintiff EEOC's Responses and Objections to Defendant's First Request for Production by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 09/21/2006)

Sept. 21, 2006 PACER
35

CERTIFICATE OF SERVICE of Plaintiff EEOC's Privilege Log for its Responses and Objections to Defendant's First Request for Production by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 09/21/2006)

Sept. 21, 2006 PACER
36

CERTIFICATE OF SERVICE of Plaintiff EEOC's Amended Privilege Log for its Responses and Objections to Defendant's First Request for Production by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 09/21/2006)

Sept. 21, 2006 PACER
37

CERTIFICATE OF SERVICE of Defendant BNSF's privilege log regarding Defendant's responses to Plaintiff's First Request for Production by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 09/25/2006)

Sept. 25, 2006 PACER
38

CERTIFICATE OF SERVICE of Defendant's Responses and Objections to Plaintiff's Second Interrogatories and Defendant's Responses to Plaintiff's Second Request for Production of Documents by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 09/26/2006)

Sept. 26, 2006 PACER
39

CERTIFICATE OF SERVICE of Notice of Deposition (Birmingham) by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 10/13/2006)

Oct. 13, 2006 PACER
40

CERTIFICATE OF SERVICE of this Defendant's Supplemental to Plaintiff's First Request for Production of Documents by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 10/17/2006)

Oct. 17, 2006 PACER
41

CERTIFICATE OF SERVICE of this Defendant's Amended Privilege Log by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 10/17/2006)

Oct. 17, 2006 PACER
42

CERTIFICATE OF SERVICE of Plaintiff's Notice of Rule 30(b)(6) Deposition by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 10/31/2006)

Oct. 31, 2006 PACER
43

CERTIFICATE OF SERVICE of Plaintiff EEOC's Second Interrogatories to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 11/02/2006)

Nov. 2, 2006 PACER
44

CERTIFICATE OF SERVICE of Defendant's Additional Responses to the EEOC's Request for Production by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 11/07/2006)

Nov. 7, 2006 PACER
45

CERTIFICATE OF SERVICE of Plaintiff EEOC's Third Request for Production of Documents to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 11/08/2006)

Nov. 8, 2006 PACER
46

CERTIFICATE OF SERVICE of Plaintiff EEOC's Third Interrogatories to Defendant BNSF by Equal Employment Opportunity Commission. (Seely, Barbara) (Entered: 11/08/2006)

Nov. 8, 2006 PACER
47

Joint MOTION to Stay Deadlines and Extension of Time by Defendant Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 11/14/2006)

Nov. 14, 2006 PACER
48

ORDER granting in part and denying in part 47 the parties' Motion to Stay and Extension of Time. Discovery deadline 6/6/2007. Dispositive motion deadline set for 2/23/2007. Proposed Pretrial Order due by 6/12/2007. Final Pretrial Conference set for 6/19/2007 at 02:00 PM before Magistrate Judge Gerald L. Rushfelt. Status Conference set for 2/13/2007 at 11:15 AM before Magistrate Judge Gerald L. Rushfelt. (SEE ORDER FOR FURTHER DEADLINES.) Signed by Magistrate Judge Gerald L. Rushfelt on 11/15/2006.(jm) (Entered: 11/15/2006)

Nov. 15, 2006 PACER
49

CERTIFICATE OF SERVICE of Defendant's Objections and Responses to the Plaitniff's Third Request for Production of Documents by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
50

CERTIFICATE OF SERVICE of Defendant's Objections and Responses to Plaintiff's Third and Fourth Sets of Interrogatories by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
51

CERTIFICATE OF SERVICE of Defendant's Second Requests for Production and Second Set of Interrogatories by Burlington Northern Santa Fe Railway Company. (Rowe, Jack) (Entered: 11/30/2006)

Nov. 30, 2006 PACER
52

ORDER REASSIGNING CASE. Case reassigned to Judge Julie A. Robinson for all further proceedings. Judge John W. Lungstrum no longer assigned to case. Signed by Judge John W. Lungstrum on 2/02/2007.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses) (Entered: 02/03/2007)

Feb. 3, 2007 PACER
53

ORDER: The Telephone Status Conference set for 2/13/2007 is hereby rescheduled for 2/15/2007 at 11:15 AM before Magistrate Judge Gerald L. Rushfelt. Entered by Magistrate Judge Gerald L. Rushfelt on 2/13/07. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 02/13/2007)

Feb. 13, 2007 PACER
54

Minute Entry for Telephone Status Conference held before Magistrate Judge Gerald L. Rushfelt on 2/15/2007: Plaintiff appeared through counsel Barbara A. Seely. Defendant Burlington Northern Santa Fe Railway Company appeared through counsel Donald J. Munro, Joshua I. Rosenstein and Jack D. Rowe. Defendant Transportation Communications International Union appeared through counsel Mitchell M. Kraus. Upon the oral motion of defendant Burlington Northern Santa Fe Railway Company and without objection, the deadlines for discovery on liability issues and dispositive motions on liability issues are extended to 4/23/2007. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 02/16/2007)

Feb. 15, 2007 PACER
55

STIPULATED ORDER OF DISMISSAL re 27 partial Consent Decree. SEE ORDER FOR DETAILS. Signed by Judge Julie A. Robinson on 2/27/2007.(mkc) (Entered: 02/27/2007)

Feb. 27, 2007 PACER
56

CONSENT DECREE. The court shall retain jurisdiction of this case for purposes of compliance and enforcement and each party shall bear its own costs and attorneys' fees. SEE CONSENT DECREE FOR FURTHER DETAILS. Signed by Judge Julie A. Robinson on 3/30/2007.(mkc) (Entered: 03/30/2007)

March 30, 2007 RECAP

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 28, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Transportation Communications International Union, Private Entity/Person

Burlington Northern Santa Fe Railway, Co. (Kansas City, Kansas), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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: 800000

Order Duration: 2007 - 2009

Content of Injunction:

Retaliation Prohibition

Reporting

Post/Distribute Notice of Rights / EE Law

Monitoring

Issues

General:

Disparate Treatment

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits