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Is My Railroad Retaliating Against Me?

What are “protected activities” under the FRSA?

These are the protected activities that fall under the protection of whistleblower law:

  • Injuries – notifying the railroad of your own work-related injury or a co-worker’s work injury
  • Safety concerns – reporting hazardous safety or security condition; refusing to violate federal law relating to rail safety; refusing to use or reporting the use of unsafe railroad equipment, tracks or structures.
  • Medical treatment – work-related injury, the railroad can not deny, delay or interfere with medical treatment; for a work related medical condition, the railroad cannot discipline an employee for following the treating doctor’s orders or treatment plan.
  • Fraud or waste of public funds – providing information regarding the fraud, waste or abuse of government funds connected to rail safety or security.

Am I protected from retaliation?

Yes.  All railroad workers are protected by the Federal Railroad Safety Act (FRSA) which was enacted to promote safety in all areas of railroad operations and to ensure that railroad employees engaging in certain protected activities under the Act could do so without the fear or threat of discrimination or retaliation from their railroad employer.

Is racial discrimination part of whistleblower protection?

No, the whistleblower statute protects railroad workers in areas of safety.  The Equal Employment Opportunity Commission (EEOC) protects employees against racial discrimination.

Call the experienced whistleblower railroad attorneys at Poolson Oden or schedule a meeting on our live chat so we can help you navigate these issues and keep your whistleblower claim on track.