District Judge Allows Rail Union To Side Step Rule 23 With Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23.  In Brotherhood of Maintenance of Way Employees v. Ind. Harbor Belt R.R. Co., (Case No. 2:13-cv-00018, 2014 WL 4987972,October 7, 2014), Chief Judge Philip P. Simon, in ruling on a motion for reconsideration, again rejected the argument that outside the class action context private plaintiffs cannot use the pattern-or-practice method of proof.  The union sought to represent African-Americans who allegedly experienced systemic race discrimination and a racially hostile work environment.  The allegations include the railroad's preventing black employees from training for higher rated positions, applying a racially disparate discipline policy, failing to recall black employees after workforce reductions, allowing white employees to arrive late for