In a previous blog, we addressed the protected activities of railroaders under the Federal Railroad Safety Act (FRSA). In this post, we want to help railroad workers understand the activities that railroad employers are prohibited from undertaking.
The Whistleblower Amendments prohibit an interstate railroad (including its officers and employees) from taking any adverse personnel action against a railroad employee who engages in protected activity. In addition to discharging, demoting, suspending and reprimanding employees, the adverse personnel actions that railroads may not engage in include:
- Denying medical treatment
- Interfering with medical treatment
- Delaying medical treatment
- Denying benefits
- Intimidation and threats
- Laying off
- Denying overtime or promotion
- Black listing
- Reassignment affecting promotion rights
- Reducing pay or hours
- Forcing an employee to work against medical advice
- Imposing discipline
If a railroad worker is subject to any of the behaviors listed above, the Whistleblower Amendments provide for a wide array of remedies, including:
- Reinstatement with seniority and benefits
- Back pay with interest
- Compensatory damages, including pain and suffering
- Punitive damages up to $250,000
- Attorneys’ fees and costs
If you are a railroad worker and you believe your railroad employer has violated the Whistleblower Amendments of the FRSA, you should contact an experienced railroad transportation lawyer who understands the Federal Railroad Safety Act and the rights and remedies afforded to workers to protect them from retaliation by their employers.
