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BNSF faces a lawsuit from the US EEOC alleging hostile treatment of women at Nebraska railroad yard

On Thursday, a federal appeals court revived an U.S. Equal Employment Opportunity Commission filed a lawsuit against BNSF Railway accusing them of allowing a severe, pervasive and hostile work environment towards women in a western Nebraska railroad yard.

The 8th U.S. The 8th U.S. Circuit Court of Appeals, Omaha, said a judge dismissed wrongly claims that BNSF sexually harassed Rena Merker, a train conductor, and other female employees at the Alliance Railyard from 2011 until 2022.

The allegations include sexual advances, derogatory remarks about women's body, sexually explicit graffiti on locomotives and at the railyard, the soiling of bathrooms for unisex, and the placement of a dead bird on the toilet of a female train conductor.

The EEOC accused BNSF of Title VII of Civil Rights Act of 1965, which prohibits discrimination in the workplace based on sex.

BNSF belongs to Warren Buffett and his conglomerate Berkshire Hathaway. Railroads and lawyers in Fort Worth, Texas did not respond immediately to comments.

Circuit Judge Lavenski Smith, writing for a panel of three judges, said that the EEOC claims were plausible and the trial judge shouldn't have required the agency show that the same harassment was experienced by female workers at the same time.

The appeals court rejected the judge’s conclusion that the sexist remarks were "sporadic", and the graffiti was excused because of its "social context", which is a railyard where there are mainly male workers, not a professional office.

Smith wrote that "viewing the evidence most favorably for the EEOC," "we conclude that a jury could reasonably find that Merker had been subjected to harassment which was objectively severe, pervasive and widespread."

The EEOC has not responded to comments immediately.

Merker died on January 20, 2024, but the case continues. The appeals court sent it back to U.S. district judge Brian Buescher of Omaha.

Berkshire wasn't a defendant and Buffett’s Omaha-based conglomerate is minimally involved in the day-today operations of its businesses.

The case is EEOC v BNSF Railroad Co, 8th U.S. Circuit Court of Appeals No. 24-2082.

(source: Reuters)