Lincoln v. BNSF Railway Company

Railroad tank car carrying harmful chemicals springs a leak, permanently disables workers. They try to get different jobs at the railroad company but are rejected from all (more than 20 each). They say these rejections are discriminatory and file claims with the EEOC. Railroad company: Aha! The court can’t hear most of this because you didn’t file a separate EEOC claim for each rejection. Tenth Circuit: Not so much. Even though our old precedent said that, it was wrong, so (upon polling the rest of the court but without formally going en banc) we’re going to overrule it. (The court also has some words (and imposition of costs) on why attorneys shouldn’t skimp on the appendix.)

Tags: 2018, EEOC, Employment Discrimination, Tenth Circuit

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