Lincoln v. BNSF Railway Company

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS LARRY D. LINCOLN and BRAD C. MOSBRUCKER, Plaintiffs, v. Case No. 15-4936-DDC-ADM BNSF RAILWAY COMPANY, Defendant. ____________________________________ MEMORANDUM AND ORDER This case is before the court on remand from the Tenth Circuit Court of Appeals after it held that “a plaintiff’s failure to file an EEOC charge regarding a discrete employment incident merely permits the employer to raise an affirmative defense of failure to exhaust but does not bar a federal court from assuming jurisdiction over a claim.” Lincoln v. BNSF Ry.…