CSXT prevails in whistleblower case alleging retaliation under FRSA

Client(s) CSX Transportation, Inc.

Jones Day represented CSX Transportation, Inc. in a whistleblower complaint filed by an employee, who admittedly violated a company safety rule and was suspended for five days, as was consistent with company disciplinary policy. The employee filed a Federal Rail Safety Act complaint claiming that his suspension was in retaliation for safety concerns he had voiced five months earlier. OSHA dismissed the case, finding that the discipline imposed was unrelated to the protected activity.

Brodar v. CSX Transportation, Inc., Labor & Employment Matters