PHILADELPHIA — A federal judge tossed out a former railroad employee's discrimination lawsuit against CSX Intermodal Terminals on July 18, ruling the man did not provide enough evidence to back up his claims..
John Fleet filed the complaint after CSX fired him in March 2017 following an confrontation between Fleet and another co-worker.
According to court documents, Fleet heard insults over a work radio seemingly directed at him and drove to that co-worker's location to confront him. After hearing about the incident, a supervisor told Fleet to go home, which he initially refused to do. After an investigation and hearings with his union representative, CSX fired Fleet.
Fleet, who is black, alleged the railroad company discriminated him based on his race by not sending home the other man, who is white. He also claimed discrimination based on his diabetes and retaliation for calling the company's ethics hotline.
CSX argued Fleet was terminated for insubordination, unprofessional conduct and dereliction of duty and requested summary judgment.
Judge Mark A. Kearney of the U.S. District Court for the Eastern District of Pennsylvania granted the company's motion.
"Ignoring his conduct, [Fleet] complains this termination is race-based discrimination or retaliation -- although he sprinkles disability here and there," Kearney wrote. "There is no evidence this employer treated African American workers charged with insubordination differently than Caucasian workers."
An earlier complaint against a manager and two supervisors was also dismissed.