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Daily Labor Report ®
A section of empty railroad tracks on a railway line is seen.
Photographer: Matthias Doering/Bloomberg



BLACK EX-ILLINOIS CENTRAL EMPLOYEE TO GET JOB RETALIATION TRIAL

By Patrick Dorrian

Jan. 21, 2022, 9:05 PM
 * Train engineer lost job after certification denied
 * Jury could see retaliation in failing grades on ride-alongs

Bloomberg Law News 2022-01-26T08:17:16829-05:00


BLACK EX-ILLINOIS CENTRAL EMPLOYEE TO GET JOB RETALIATION TRIAL

By Patrick Dorrian 2022-01-21T16:05:33000-05:00
 *  Train engineer lost job after certification denied
 *  Jury could see retaliation in failing grades on ride-alongs

Illinois Central Railroad Co.'s decision to fire a Black locomotive engineer may
have been retaliation for her complaint about a co-worker’s allegedly racist
remark, a federal judge in Chicago ruled.

The railroad, which does business as Canadian National Railway Co., says it
terminated Cynthia Vann-Foreman because she twice failed a test needed to be
certified for her position. But a jury could find the supervisors who failed her
lied about how she did on the train handling skills performance exams or
ride-alongs, the U.S. District Court for the Northern District of Illinois said.

The supervisor to whom Vann-Foreman complained about the co-worker chose to
schedule the first ride-along immediately after receiving her complaint, the
court said. Vann-Foreman needed to score at least 80% to pass the exam, but the
supervisor scored her at 59.42%, the court said.

That left Vann-Foreman with just one more chance to pass the ride-along and her
second attempt was scheduled with a different supervisor, the court said.

But the first supervisor called the second before the retest and explained why
he had failed Vann-Foreman. And the senior supervisor of locomotive engineers
likewise called the second supervisor and told him to “evaluate her fairly” so
there were no “gray areas,” the court said.

Vann-Foreman scored 63.44% on the retest, but she disputes both grades, Judge
Robert W. Gettleman said. A jury could believe her, the judge said Thursday.

The court rejected the railroad’s contention that Vann-Foreman’s Equal
Employment Opportunity Commission charge didn’t give fair notice of her
retaliation claim and related race discrimination claim.

It also rejected the contention that she was required and failed to exhaust the
denial of certification through the Locomotive Engineer Review Board.

Vann-Foreman sued under Title VII of the 1964 Civil Rights Act, Gettleman said.
That’s an employment discrimination law, not the sort of state safety law that
the Federal Railroad Safety Act requires to be exhausted through the LERB, he
said.

Nor was Vann-Foreman’s suit barred by the Railway Labor Act, the judge said.

But her discrimination claim failed because she didn’t allege race bias by
either supervisor, just by her co-worker, Gettleman said.

Ed Fox & Associates Ltd. represents Vann-Foreman. Fletcher & Sippel LLC
represents the railroad.

The case is Vann-Foreman v. Ill. Cent. R.R. Co. , 2022 BL 19492, N.D. Ill., No.
1:19-cv-08069, 1/20/22 .

To contact the reporter on this story: Patrick Dorrian in Washington at
pdorrian@bloomberglaw.com

To contact the editors responsible for this story: Rob Tricchinelli at
rtricchinelli@bloomberglaw.com; Steven Patrick at spatrick@bloomberglaw.com

Patrick Dorrian
Reporter


DOCUMENTS

Opinion
N.D. Ill. opinion
Docket
N.D. Ill. docket


TOPICS

 * rail transportation
 * race discrimination
 * employment discrimination
 * retaliatory discharge

COMPANIES

 * Canadian National Railway Co


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