CSXIT wins summary judgment on former employee's discrimination and retaliation claims

Client(s) CSX Corporation

Jones Day obtained summary judgment on behalf of CSX Intermodal Terminals, Inc. ("CSXIT") on all claims brought by the plaintiff regarding his termination. CSXIT dismissed the plaintiff for insubordination after he got into a verbal altercation with a co-worker and refused to leave work immediately when instructed to do so. The plaintiff alleged that his dismissal was because of his race and disability, and in retaliation for complaining of alleged race discrimination. The court dismissed the plaintiff's discrimination claims, finding that "[t]here [was] no evidence [that] [CSXIT] treated African-American employees charged with insubordination differently than Caucasian workers," and that, in fact, "[t]he opposite is shown": CSXIT employees were treated the same, regardless of race. The court also held that the plaintiff failed to exhaust administrative remedies for his retaliation claims, and that even if that were not the case, those claims failed on their merits.

Fleet v. CSX Intermodal, Inc., et al., No. 2-17-cv-03562 (E.D. Pa.)