Burks v. Union Pacific Railway Co.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in action alleging that defendant retaliated against plaintiffs-employees by denying them requested promotions in retaliation for having filed prior complaints of race discrimination. Record showed that: (1) certain individuals responsible for giving one plaintiff information about application process were unaware of any prior protest of race discrimination; and (2) there were no available positions within said plaintiff’s district while said plaintiff had application on file. Also, second plaintiff could provide only speculation that defendant’s losing of his application was motivated by prior complaint of race discrimination. He also failed to submit any evidence that anyone providing him with information regarding application process was aware of his prior complaint of discrimination.