B   M   W   E
JOURNAL
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ONLINE VERSION VOLUME 107 - NUMBER 5 - JUNE/JULY 1998
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Racial Bias Lawsuit Filed Against Amtrak
Ten named current and former employees of Amtrak filed a race discrimination class action against Amtrak on April 8 in U.S. District Court in Washington, D.C. The plaintiffs also include the BMWE Pennsylvania Federation.



In their complaint to the court, the plaintiffs claim Amtrak has maintained a deeply segregated workforce, with blacks being overtly discouraged from seeking higher paying positions, promoted less than white co-workers, trapped in lower paying positions, denied training classes, subjected to unfair disciplinary actions and terminated without just cause.



In particular, the lawsuit alleges racial discrimination in hiring, compensation, promotion, demotion, job assignments, training, skill qualification, transfer, discharge and disciplinary practices, said a spokesman for the Washington Lawyers' Committee for Civil Rights and Urban Affairs, which is co-counsel for the plaintiffs, along with the Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association.



The lawsuit reveals that "race still rules the rails," said Paul C. Sprenger, lead counsel. "Behind that friendly ready-to-roll image is a racially segregated company where, if you're black, you are stuck in dead-end jobs and treated like you're still from the wrong side of the tracks -- even in 1998."



"With this lawsuit Amtrak's plantation-era employment practices and policies will be brought to a screeching halt," said Ozell Hudson, Jr., executive director of the Boston committee. "The Civil Rights Act of 1964 requires that employers treat their employees equally with respect to promotion, assessment of discipline and the establishment of a work environment that is not hostile to its employees. Anyone who has worked for Amtrak for more than two weeks and believes that who you know doesn't play a significant role in promotion, assessment of discipline, the quality of our work environment and other opportunity is deaf, dumb and blind," said Jed Dodd, BMWE General Chairman.



"Our research has discovered that our bargaining unit is composed of about 30 percent minorities but this fact is not reflected in engineering management. In addition, our research has shown that if you are black on Amtrak, you will receive more disciplinary charges and be assessed greater discipline than whites for the same offense. The documented proof we have regarding the establishment of a hostile work environment for minority employees is overwhelming.



"We have brought these issues to Amtrak management but have not had much success in correcting them. We hope that we can have a jury of our peers judge whether or not Amtrak provides equal opportunity to all of its employees as the Civil Rights Act of 1964 requires.



"Our union has a motto, 'an injury to one, is an injury to all.' As we fight to improve the conditions that exist for our minority members we will by definition improve the conditions for all of our members."



The lawsuit covers about 1,000 black Amtrak employees and about 4,000 rejected applicants.

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