Filed Date: June 29, 2005
Closed Date: 2014
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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.
Summary Authors
Shankar Viswanathan (8/11/2008)
Esther Vinarov (10/24/2018)
Turner v. Kansas City South Railway Company, Inc., Eastern District of Louisiana (2003)
Walter, Donald Ellsworth (Louisiana)
Wilkinson, Joseph C. Jr. (Louisiana)
Bowne, Timothy M. (Texas)
Butler, Michelle T (Louisiana)
Graham, Nancy Eleanor (Louisiana)
Hill, Keith T. (Louisiana)
Juge, Gregory T. (Louisiana)
Sacher, James Philip (Texas)
Sustaita, Rodolfo Lucio (Texas)
Almon, Matthew S. (Louisiana)
Walter, Donald Ellsworth (Louisiana)
Wilkinson, Joseph C. Jr. (Louisiana)
Bowne, Timothy M. (Texas)
Butler, Michelle T (Louisiana)
Graham, Nancy Eleanor (Louisiana)
Hill, Keith T. (Louisiana)
Juge, Gregory T. (Louisiana)
Sacher, James Philip (Texas)
Sustaita, Rodolfo Lucio (Texas)
Almon, Matthew S. (Louisiana)
Fezio, John Mark (Louisiana)
Fontham, Michael R. (Louisiana)
Gilliam, Bobby Stephen (Louisiana)
Grossman, Louis Matthew (Louisiana)
Harris, Charlie J. (Missouri)
Martucci, William C. (Missouri)
McAtee, Carrie A. (Missouri)
McPeak, Agnieszka Anna (Louisiana)
Page, Kristen A. (Missouri)
Talley, Patrick A. Jr. (Louisiana)
Wisdom, Rachel Wendt (Louisiana)
Cameron, Nelson Welch (Louisiana)
deBoisblanc, Donald F. (Louisiana)
Mann, Mary R (Washington)
Morgan, S. Reed (Texas)
Smith, J. Rand (Louisiana)
Last updated May 12, 2022, 8 p.m.
State / Territory: Louisiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 29, 2005
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Kansas City Southern Railway Company (New Orleans, LA; Shreveport, LA;), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 0
Order Duration: 2013 - 2014
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Discrimination-basis:
Race:
EEOC-centric: