In Re: Burlington Northern Employment
Practices Litigation

Closed Case
Race Discrimination in Employment
Settled in 1984 for $16.5 million in cash, job and injunctive relief

This groundbreaking race discrimination class action settled on the eve of trial in 1984 for approximately $16.5 million in cash and over $60 million worth of job relief. The class, certified in 1978, was the largest employment discrimination class certified through that time. The class numbered approximately 20,000 black individuals (including applicants), and the liability period extended from March 1, 1970 through April 2, 1984. Class members’ claims included racial discrimination in hiring, promotion, job assignment, transfers, compensation, seniority, union representation, testing, apprenticeships, discipline and terminations. Besides monetary relief, the case was resolved by a comprehensive Consent Decree. The Decree required Burlington Northern to hire specified percentages of black applicants and engage in specific recruitment activities to achieve those hiring goals. Burlington Northern also made job offers to previously rejected black applicants who applied during the term of the Consent Decree and met minimal job qualifications.