49 U.S.C. § 20109 – Railroad Retaliation
In 2007 federal legislation was passed which provides specific whistleblower protections for railroad workers pursuant to the Federal Rail Safety Act (FRSA), 49 U.S.C. § 20109. Under the FRSA, a railroad may not discharge, demote, suspend, reprimand, or in any other way discriminate or discipline a railroad worker who engages in any of the following protected activities:
- Providing information assisting in an investigation regarding a violation of a safety law or rule regarding railroad safety issues; this includes Federal Railroad Administration (FRA) investigations and railroad investigations.
- Refusing to violate a safety law or rule.
- Filing a complaint regarding a safety violation.
- Reporting a personal injury.
- Furnishing information to the FRA or National Transportation Safety Board (NTSB) regarding an injury.
- Reporting an unsafe working condition.
- Filing a complaint under the FRSA.
- Refusing to work when faced with an unsafe condition if:
- No reasonable alternative is available; and
- There is a risk of injury and no time to eliminate the danger; and
- The employee has notified the carrier, if possible, of the unsafe condition and his intent not to perform the work.
An employee who alleges discipline or discrimination in violation of this law must:
- File a written complaint with the Department of Labor within 180 days of the alleged discriminatory act; and
- Provide notice to the official who allegedly committed the discriminatory act and to the railroad.
The available remedies under this law include the following:
- Back pay with interest
- Reinstatement with seniority rights unimpaired
- Attorneys fees and court costs
- Punitive damages not to exceed $250,000
