Updated
Updated · Bloomberg Law · Jun 10
Florida Judge Denies CSX Bid to Dismiss FRSA Retaliation Claim Over Blacklisting Calls
Updated
Updated · Bloomberg Law · Jun 10

Florida Judge Denies CSX Bid to Dismiss FRSA Retaliation Claim Over Blacklisting Calls

1 articles · Updated · Bloomberg Law · Jun 10

Summary

  • A Florida federal court refused to grant CSX summary judgment on a chief engineer’s Federal Railroad Safety Act retaliation claim tied to alleged blacklisting after a whistleblower letter.
  • The judge said telephone calls CSX made to the engineer’s later employers could qualify as adverse employment action, keeping the case alive.
  • CSX also failed to show it would have made those calls even if the engineer had not engaged in protected activity by reporting concerns about derailment reporting.
  • The ruling lets the worker pursue his claim that CSX retaliated for safety-related whistleblowing, extending scrutiny of how railroads handle post-employment references.

Insights

As railroads claim record safety, why are whistleblower retaliation complaints and safety concerns simultaneously surging?
Will new safety laws and tech fix railroading, or is the real problem a corporate culture of silence?
With rail networks going digital, is the next major threat a cyberattack on unguarded dispatching systems?