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TADEMY v. UNION PACIFIC CORP.

No. 06-4073.

614 F.3d 1132 (2008)

Ranee TADEMY, Plaintiff-Appellant, v. UNION PACIFIC CORPORATION, a Utah corporation, and Union Pacific Railroad Company, a Delaware corporation, Defendants-Appellees, and National Employment Lawyers Association, and Equal Employment Opportunity Commission, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 1, 2008.

Attorney(s) appearing for the Case

Erika Birch, Strindberg Scholnick & Chamness, LLC, Salt Lake City, UT (Laura I. Scholnick, with her on the briefs), for Plaintiff-Appellant.

Janet Hugie Smith, Ray Quinney & Nebeker P.C., Salt Lake City, UT (Robert O. Rice and Frederick R. Thaler, with her on the brief), for Defendants-Appellees.

Elizabeth E. Theran, Attorney (James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with her on the brief) Equal Employment Opportunity Commission, Washington, D.C., appeared for Amicus Curiae Equal Employment Opportunity Commission, in support of Plaintiff-Appellant.

Stephanie Struble, Lohf Shaiman Jacobs Hyman & Feiger PC, Denver, CO, Joan M. Bechtold, Law Office of Joan M. Bechtold, LLC, Denver, CO, and Terisa E. Chaw, National Employment Lawyers Association, San Francisco, CA, filed a brief for Amicus Curiae National Employment Lawyers Association, in support of Plaintiff-Appellant.

Before HENRY, Chief Judge, BALDOCK, Circuit Judge, and MARTEN, District Judge.

HENRY, Chief Judge.

Ranee Tademy worked for Union Pacific Railroad (Union Pacific) from 1979 until he took disability leave in August of 2003 due to depression and anxiety allegedly caused by racial harassment in the workplace. Mr. Tademy brought suit alleging that Union Pacific maintained a racially hostile work environment in contravention of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. The district court...

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