Judge erred in tossing discrimination suit against Union Pacific Railroad, appeals court rules

[Omaha Steve]

http://www.sltrib.com/ci_8772945

By Pamela Manson
The Salt Lake Tribune
Article Last Updated: 04/01/2008 06:24:12 PM MDT

The 10th U.S. Circuit Court of Appeals today reinstated a lawsuit by a former Union Pacific Railroad yard conductor in Utah who alleges the company ignored a pervasive climate of racism and harassment.

The Denver-based court reversed a ruling by U.S. District Judge David Sam throwing out the suit by Ranee Tademy, an African-American man who alleged he was subjected to a hostile work environment.

Sam said the alleged ethnic slurs, racist graffiti and an incident involving a rope that Tademy interpreted as a noose were "boorish and regrettable" - but legally insufficient to win a discrimination suit. The judge ruled that some of Tademy's allegations were filed too late and others were accompanied by too little evidence to proceed with the case.

The 10th Circuit, without ruling on the merits of Tademy's claims, disagreed.

The court said a jury could rationally find that some earlier incidents were part of the same racially hostile environment, including racist cartoons posted on company billboards and a reference to "f---ing Kunta Kinte" made by another railroad employee.

The 10th Circuit also said Tademy has offered evidence that Union Pacific failed to investigate or discipline any employee for writing racial slurs on his locker and in the company bathroom.

FULL story at link.

[Sinistrous]

1. A ray of hope that there is justice in this world.