Whistleblower protections for railroad workers

The Federal Railroad Safety Act (FRSA) protects railroad workers who report safety violations or engage in other whistleblowing activities. These provisions help ensure employees can raise concerns about unsafe practices or workplace hazards without fear of retaliation. Under the FRSA, retaliation is any adverse action an employer takes to punish an employee for engaging in protected activities.

For railroad workers in Connecticut, New York and Washington, D.C., the FRSA safeguards against retaliatory measures. Protected activities include reporting safety violations, refusing to perform unsafe work and informing authorities about workplace safety concerns. Employers are prohibited from disciplining, demoting, firing or otherwise discriminating against workers who exercise these rights.

What is retaliation under the FRSA?

Retaliation can take many forms, some of which may not be immediately obvious. Common examples include:

• Termination
• Suspension
• Demotion
• Reduction of hours
• Reassignment to less favorable duties

Even subtle actions, such as exclusion from meetings, negative performance evaluations or verbal harassment, may qualify as retaliation if they discourage whistleblowing or create a hostile work environment.

Employers may also retaliate indirectly by targeting benefits such as vacation time, pay raises or bonuses. For example, if a railroad worker reports a safety violation and is subsequently denied a promotion they were otherwise qualified for, this could constitute retaliation.

The FRSA helps protect workers from punitive measures, which helps ensure their ability to speak out without jeopardizing their careers or livelihoods.

Victims of retaliation should meticulously note all incidents. This includes keeping records of complaints, retaliatory actions and any communications with supervisors or human resources. These details can help build a strong case under the FRSA.

Although the Federal Railroad Safety Act protects railroad workers from retaliation for whistleblowing activities, some employers may go ahead and retaliate anyway. Retaliation claims can be complex and often require a thorough understanding of legal rights and procedures.

Workers in Connecticut, New York and Washington, D.C., who experience retaliation are encouraged to seek legal support to navigate their claims. With legal help, railway workers can potentially have their rights upheld and receive aid in obtaining remedies such as back pay, reinstatement and compensation for emotional distress.