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Friday, May 3, 2024

Locomotive engineer with PhD allegedly denied 'numerous' promotion requests

Lawsuits
Brandybarth

Barth

EAST ST. LOUIS - A locomotive engineer with a doctoral degree claims he suffered racial discrimination while employed by Union Pacific Railroad Company after working in the same position for 26 years without advancement.

Le'Mon Bass, PhD, filed the complaint in the U.S. District Court for the Southern District of Illinois. 

"Plaintiff has held the position of locomotive engineer for approximately 26 years, despite numerous attempts by plaintiff to advance," the suit states. "In fact, numerous employees that plaintiff has trained have been promoted."

According to the suit, Bass began working for Southern Pacific Railroad in May 1994 and was promoted to locomotive engineer two years later. The suit states that Southern Pacific Railroad was acquired by Union Pacific Railroad in 1998. To aid in his efforts to secure a promotion, Bass earned a Bachelors degree in May 2014 in organizational management and then a Masters degree in December 2015 in business administration. He also obtained certification in July 2016 in hazardous material management, Occupational Safety and Health Administration standards and as a first responder. Bass then earned a PhD in business administration and management in June 2020 "to continue his efforts to get promoted." 

Bass alleges he was informed that he was the only employee in transportation with a doctoral degree. 

Bass claims he has held the position of locomotive engineer for approximately 26 years "despite numerous attempts by plaintiff to advance." The lawsuit lists at least 43 promotion requests made by Bass between May 2005 and April 2022. 

Since 2004, he claims he has "repeatedly" reported racial discrimination at the railroad.

"The motivating factor in the decision not to promote plaintiff was and is due to his race and in retaliation for complaining about racial discrimination," the suit states. 

Additionally, Bass alleges that in February 2019, he was removed from service due to alleged "fitness for duty claims."

He allegedly requested to return to work in June 2019, with his doctor’s approval. However, he alleges the railroad "failed to process plaintiff’s return in a timely manner, delaying his return to work." 

"Similarly situated non-black employees were not treated in this manner and were given reasonable accommodation in order to return to work," the suit states.

Bass seeks a promotion, compensatory and punitive damages and legal fees. He is represented by Brandy Barth of Newton Barth LLP in St. Louis. 

Le'Mon Bass v. Union Pacific Railroad, case number 3:22-cv-1217

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