Johnnie Wall v. National Railroad Passenger Corporation

Wall sued under 42 U.S.C. §§ 1981 , 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §, 2000e et seq., alleging that he was discharged by National Railroad Passenger Corporation (Amtrak) because of his race. The district judge dismissed the section 1983 claim for lack of jurisdiction because Amtrak did not act under color of state law. The Title VII and section 1981 claims were then tried before the district judge, who decided in favor of Amtrak. Wall appeals the district court’s decision on the Title VII and section 1981 claims. We affirm.

I

Wall, a black male, was employed by Amtrak from 1974 to 1978. In July of 1974, he was charged with being rude to passengers on an Amtrak train and with being insubordinate to his supervisor. Pursuant to the disciplinary procedure established by the collective bargaining agreement between Amtrak and the union, Wall was granted a formal investigative hearing, found guilty and discharged. He was later reinstated without backpay. In March of 1976, Wall was charged again with insubordination, found guilty and discharged; again he was reinstated without backpay.

The events which gave rise to the present action occurred in January…