This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Race Discrimination
Wrongful Termination

Kevin Jones v. National Railroad Passenger Corporation, and Does 1 through 10, inclusive

Published: Sep. 19, 2015 | Result Date: Mar. 20, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-04461-RGK-VBK Summary Judgment –  Defense

Court

USDC Central


Attorneys

Plaintiff

Scott R. Ames
(Law Offices of Scott R. Ames PC)

Michael J. Faber
(Law Offices of Michael J. Faber)


Defendant

Larry M. Lawrence
(Seyfarth Shaw LLP)

Katherine H.W. Dick

Hien Nguyen
(Morgan, Lewis & Bockius LLP)

William J. Hooy

Robert J. Hendricks


Facts

In December 2003, Kevin Jones was hired as an Assistant Conductor for National Railroad Passenger Corporation (Amtrak, or Defendant). On November 27, 2013 Jones found a passenger's wallet on an Amtrak Surfliner train while performing routine maintenance and cleanup. The train station's Lost and Found office was closed so he took the wallet to the cashier's office. He spoke to two on-duty agents. Jones left with the wallet and mailed it to the address listed on the driver's license.

One of the on-duty agents reported the incident with Jones to the station manager and an investigation was initiated. He was charged with violating Amtrak policies and terminated in December 2013 following a disciplinary hearing.

Jones sued Amtrak for racial discrimination in employment, wrongful termination in violation of public policy, and failure to prevent racial discrimination in employment.

Contentions

PLAINTIFF'S CONTENTIONS:
Jones, an African-American man, contended that Amtrak improperly accused him of stealing money from a passenger and terminated his employment because of his race.

Result

The court granted Amtrak's motion for summary judgment, concluding that Jones could not satisfy his burden of showing discrimination and that his claims for wrongful termination and failure to prevent discrimination failed because they were derivative of his discrimination claim.

Other Information

FILING DATE: June 10, 2014.


#95575

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390