EEOC Sexual Harassment Suit for BNSF Female Workers Revived (1)

BNSF Railway Co. was wrongly granted dismissal of an EEOC lawsuit alleging systemic sexual harassment against female employees at a Nebraska railyard, the Eighth Circuit ruled Thursday.

The unanimous decision is a reminder of the Equal Employment Opportunity Commission’s authority when it sues on behalf on workers and the unique nature of EEOC “class” litigation. It also clarifies what the agency can be required to plead to get such cases past the motion-to-dismiss stage.

EEOC suits aren’t just brought for aggrieved workers but also to vindicate the public’s interest, the US Court of Appeals for the Eighth Circuit said, citing ...