Is There Whistleblower Protection for Railroad Workers?

Railroad workers have whistleblower protections that protect them from retaliation for reporting safety and security violations. If a rail company retaliates against an employee for whistleblowing, it can be subject to an employment lawsuit and be forced to pay damages.

Whistleblowing protections for railworkers exist to ensure that employees can assert their right to a reasonably safe and secure workplace. If you believe your employer has retaliated against you for protected actions, you can speak to a railroad retaliation lawyer to discuss your legal options.

The Federal Rail Safety Act (FRSA) Gives Rail Workers Whistleblower Protections

The Federal Rail Safety Act (FRSA) is a federal law that protects railroad employees who report their employers for safety violations on the job site. It makes it illegal for employers to discharge, punish, or otherwise penalize employees who engage in the following protected actions:

• Providing information to an investigation for actions the employee believes violated federal law
• Refusing to violate or assist in violating a federal law
• Filing a complaint with regulatory agencies about an employer’s conduct
• Notifying an employer about a work injury or illness
• Cooperating with federal security investigations
• Furnishing information to federal authorities regarding railroad injuries or deaths
• Accurately reporting on duty hours

Rail employees don’t have to actually engage in a protected behavior to have whistleblower protections. They have protections even if their employer simply believes they’ve engaged in a protected action.

Employers Cannot Retaliate Against You for Reporting Rail Safety Violations

The FRSA forbids employers from retaliating against employees for engaging in any of the above-listed protected behaviors. “Retaliation” in this context means taking some adverse job action that impacts your employment or makes it harder to do your job. Retaliation can include:

• Firing you or laying you off
• Demoting you to a lower-paying position
• Denying overtime or promotions
• Disciplinary action or probation
• Denying legitimate employment benefits (e.g., PTO, workers’ compensation, etc.)
• Reducing pay or hours
• Intimidation
• Harassment and creating a hostile work environment
• Making explicit or implicit threats

Here’s an example of possible retaliation: Imagine a railworker reports their employer for OSHA safety violations regarding protective equipment. Later, the employee is demoted without a reason, and their pay is reduced.

You Can Sue Your Rail Employer for Retaliation

If your employer has retaliated against you, you can potentially file a retaliation lawsuit against them. An employment lawsuit can recover financial compensation for the following losses:

• Back pay. Back pay includes compensation for lost work income and other lost employment benefits, like PTO or vacation pay.
• Front pay. Front pay consists of compensation for future lost earnings due to lost promotions or an inability to be reinstated.
• Emotional distress. Non-economic damages include money for the emotional distress and mental anguish the retaliatory action caused.
• Punitive damages. The FRSA also authorizes the award of up to $250,000 in punitive damages for malicious or egregious employer behavior.
• Attorney fees. Employers will also have to cover attorney fees and litigation costs if they receive an adverse judgment.

How to Prove Your Employer Retaliated Against You

Traditionally, one of the central challenges in whistleblower lawsuits is proving that your employer intended to retaliate against you. However, in a recent 2024 case, Murray v. UBS Securities, LLC, the US Supreme Court ruled that railworkers bringing retaliation claims under FRSA aren’t required to prove retaliatory intent.

This means that you don’t have to prove that your employer specifically acted with animus and hostile intent. Instead, you must prove two things:

1. You engaged in some protected activity.
2. The protected activity was a ‘contributing factor’ in the adverse job action.

Under this kind of ‘contributing factor’ framework, you only have to show the protected activity was one factor affecting the adverse decision, not the sole one. For retaliation lawsuits, it’s usually sufficient to show the employer knew about the protected activity (knowledge) and that the adverse action happened shortly after (temporal proximity).

Hence, it’s important to document all instances of purported retaliation to give yourself the strongest case. Possible evidence could include:

• Communications (text, email, recordings, etc.) showing the employer’s knowledge of the whistleblowing
• Inconsistent or inaccurate performance reviews after the protected activity
• Disparate treatment between employees who did and didn’t engage in protected activities
• Weak or contradictory justifications for the adverse action
• Eyewitness testimony from coworkers or supervisors
• Prior history of retaliation from the supervisor or employer

You Have Limited Time to File a Retaliation Lawsuit Under FRSA

Under FRSA, you only have 180 days from the date that the alleged retaliatory act was committed. For repeated violations, the starting date would be from the most recent one. There may be additional rules and time limits for filing, depending on the state you live in. A railroad employment lawyer can help ensure you meet all these filing requirements and deadlines so as not to miss your chance.

Contact a Railroad Retaliation Lawyer From Poolson Oden

Do you have more questions about whistleblower protections for railroad workers? If so, contact Poolson | Oden online or reach out by phone to schedule a consultation with a railroad retaliation lawyer.