The Third Circuit has upheld U.S. Steel’s victory in a lawsuit filed by Kenneth Moses, a Black former train operator who claimed he was wrongly terminated after being blamed for a 2015 derailment. The unanimous decision, issued Friday, upheld the summary judgment in favor of U.S. Steel, dismissing Moses’ racial discrimination claims under Section 1981 of the Civil Rights Act and the Pennsylvania Human Relations Act.
Moses argued that he was wrongfully blamed for the derailment, which he contended was caused by faulty equipment and improperly marked rail tracks. Despite his claims, the appeals panel found that U.S. Steel’s explanation for his termination had been consistent and clear, affirming that Moses’ lengthy disciplinary record, rather than race, was the reason for his dismissal. The panel emphasized that Moses failed to show any contradictions or weaknesses in U.S. Steel’s termination decision, citing a previous ruling in Fuentes v. Perskie that requires evidence of “weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions” to support claims of discrimination.
