Alamillo
Alamillo v. BNSF Railway Co.
Opinion
Lead Opinion
Feinerman, J.
Plaintiff-Appellant Antonio Alamillo filed this suit against Defendant-Appellee BNSF Railway Company (BNSF), claiming that it terminated him from his job as a locomotive -engineer in violation of the California Fair Employment and Housing Act (FEHA), Cal. Gov.- Code § 12940 et seq. The district court granted summary judgment to BNSF, and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2012, Alamillo worked as a locomotive engineer for BNSF. Due to his seniority, he had the choice to work either (1) a five-day-per-week schedule with regular hours or (2) on the “extra board,” which requires employees to come to work only when called. Alamillo chose to work on the extra board from January. 2012 through June 2012. If an extra board employee failed to answer or respond to three phone calls from BNSF within a single 15-minute period, the employee would be deemed to have “missed a call” and. marked as absent for the day. BNSF’s attendance policy provided that a fifth missed call during any twelve-month period “may result in dismissal.”
Alamillo missed a call’on ten dates in 2012: January 28, January 29, January 31, March 16, March 18, March 20, April 23, May 13, May 21, and…