Adkins v. Burlington Northern Santa Fe Railroad

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 §…