BNSF obtains summary judgment in gender discrimination and retaliation case

Client(s) BNSF Railway Company

On September 4, 2012, Jones Day achieved a summary judgment victory on behalf of client BNSF Railway Company in a gender discrimination and retaliation lawsuit by a former locomotive engineer challenging her dismissal from service. In granting summary judgment to BNSF, the court held that Plaintiff failed to establish a prima facie case of discrimination because she could not show that any similarly situated employee was treated differently than she. The court also held that she failed to produce evidence that could show BNSF's legitimate reason for his dismissal was a pretext for discrimination. Finally, the court dismissed Plaintiff's retaliation claims, finding that she failed to establish a causal connection between her dismissal and protected activity.

Robles v. BNSF Railway Co., 2012 WL 3835077 (S.D. Tex. Sept. 4, 2012)