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U.S. Supreme Court eliminates need to prove retaliatory intent in FRSA cases
February 8th, 2024
The United States Supreme Court held in Murray v. UBS Securities, LLC, Case No. 22-660, that a whistleblower bringing a claim under a statute with the same legal standard as the Federal Rail Safety Act (FRSA) does not need to prove that the employer…
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Categories: Rail Law Blog
Ziparo v. CSXT - 2nd Circuit Expands Scope of Protection Under FRSA
October 23rd, 2021
Contributor: Andrew J. Thompson
Cody Ziparo worked as a Conductor for CSX Transportation, Inc. in Watertown, New York. CSXT utilized an “On-Board Work Order System” (OBWO) at this location, which requires the train crew to record tasks into a tablet computer as they are…
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FRSA Causation Standard - Another Federal Circuit Rejects "Inextricably Intertwined"
May 28th, 2021
As I have previously discussed in the Rail Law Blog, the most disputed issue in proving a claim under the Federal Rail Safety Act (“FRSA”) is often whether an employee’s protected activity is a contributing factor in the railroad…
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FRSA Update - "Contributing Factor" Element
February 18th, 2019
To prove a claim of retaliation under the Federal Rail Safety Act (“FRSA”), a railroad worker must prove the following elements: (1) he engaged in a protected activity; (2) the railroad knew about the protected activity; (3) the worker wa…
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Categories: Rail Law Blog
FRSA Medical Treatment Provision Cases Part II
January 2nd, 2018
In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee. Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Administ…
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Update: FRSA Medical Treatment Provision Cases
March 17th, 2017
In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course of…
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Federal Court of Appeals limits FRSA Medical Treatment Provision
March 14th, 2015
The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to…
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Categories: Rail Law Blog
FRSA Complaints Can Be Filed Online With OSHA
January 30th, 2014
Last month, the Department of Labor announced that retaliation complaints, including those brought pursuant to the Federal Rail Safety Act (FRSA), can be filed online at the DOL website. This seemingly minor announcement is actually very important. S…
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Categories: Rail Law Blog
Third Circuit Court of Appeals Interprets FRSA
February 20th, 2013
The Third Circuit Court of Appeals reversed a lower court’s decision in favor of the railroad in a claim brought pursuant to the Federal Rail Safety Act (FRSA). The case, Araujo v. New Jersey Transit Rail Operations, Inc., was decided on February 1…
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Administrative Law Judge Rejects Railroad’s Argument In Case Under FRSA
February 11th, 2013
I previously wrote a post about how railroads can use a system of operational rules testing as a form of harassment and retaliation after workers report safety concerns or injuries on duty. In one such case where those allegations have been made agai…
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Categories: Rail Law Blog