 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Adkins v. Burlington Northern Santa Fe Railroad Co.8/4/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.
2. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in a light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence.
3. Limitations of Actions: Appeal and Error. Which statute of limitations applies is a question of law that an appellate court must decide independently of the conclusion reached by the trial court.
4. Fair Employment Practices: Limitations of Actions. Neb. Rev. Stat. § 48-1118(2) (Reissue 1998), contained within the Nebraska Fair Employment Practice Act (FEPA), Neb. Rev. Stat. § 48-1101 et seq. (Reissue 1998), provides the applicable statute of limitations (i.e., within 300 days after the occurrence of the alleged unlawful employment practice) for FEPA claims brought pursuant to Neb. Rev. Stat. § 20-148 (Reissue 1997).
5. Statutes: Constitutional Law. Neb. Rev. Stat. § 20-148 (Reissue 1997) is a procedural statute which does not create any new substantive rights.
Appeal from the District Court for Lancaster County: Bernard J. McGinn, Judge.
Affirmed.
NATURE OF CASE
Kenneth D. Adkins appeals an order of the district court which granted summary judgment to Burlington Northern Santa Fe Railroad Company (Burlington Northern) by concluding that Adkins' claim under the Nebraska Fair Employment Practice Act (FEPA), Neb. Rev. Stat. § 48-1101 et seq. (Reissue 1998), was time barred. The sole issue on appeal is whether § 48-1118(2) or Neb. Rev. Stat. § 25-212 (Reissue 1995) provides the applicable statute of limitations for FEPA claims brought pursuant to Neb. Rev. Stat. § 20-148 (Reissue 1997). For the reasons that follow, we conclude that § 48-1118(2) is the applicable statute and, therefore, affirm the order of the district court.
FACTUAL AND PROCEDURAL BACKGROUND
Adkins' amended petition, filed June 12, 1997, contains the following allegations: Between 1970 and 1980, Adkins was employed by Burlington Northern. In 1980, his employment was terminated, and Adkins then claimed that the termination was discriminatory. In 1983, a class action suit alleging racial discrimination was filed against Burlington Northern. Adkins was a member of the class and gave deposition testimony in the matter. In 1984, Adkins received an award as part of a settlement of the class action suit. Later, in November 1994, Adkins applied for 1 of 15 available freight car apprentice positions, for which he was allegedly well qualified. On December 15, 1994, Burlington Northern managers interviewed Adkins and questioned him about his role in the 1983 class action lawsuit. Adkins was not selected for the position, although he was purportedly more qualified for the position than at least one of those applicants selected.
Adkins claimed that Burlington Northern's decision not to select him was substantially motivated by racial or retaliatory animus and that these actions constitute illegal discrimination in violation of FEPA. Adkins also alleged that in refusing to hire him because of his objection to discrimination and his participation in an investigation of discrimination, Burlington Northern violated § 48-1114. His FEPA claims were brought pursuant to § 20-148, which is a statute authorizing
Page 1 2 3 4 5 Nebraska Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|