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NEW PROTECTIONS FROM HARASSMENT AND INTIMIDATION FOR INJURED RAILROAD WORKERS

Congress passed an amendment to the Federal Rail Safety Act in August 2007, intended to protect railroad workers who suffer on-duty injuries from harassment and intimidation when filing accident reports. The law appears at 49 U.S.C. 20109 and covers railroads "engaged in interstate or foreign commerce, a contractor or subcontractor of such a rail carrier, or an officer or employee of such a railroad carrier."

The law prohibits the firing, demotion, suspension, reprimand, or any other discriminating action due to an employee’s providing information or assisting in any investigation or providing information as outlined in § 20109.

The protection extends to a railroad worker who provides information to a supervisor or other person with authority to "investigate, discover or terminate the misconduct . . .," as well as railroad workers who refuse "to violate or assist in the violation of any federal law, rule or regulation relating to railroad safety or security . . .," and to railroad workers who report on-duty injuries, file actions under the Federal Employers’ Liability Act or agree to testify in such an action.

An employee who wishes to enforce such an action must file a complaint with the Secretary of Labor within 180 days of the violation. If the Secretary of Labor has not issued a final decision within 210 days (and the delay is not due to the bad faith of the employee), the employee may file suit in federal district court and have a jury trial.

If an employee is successful under the Act, he or she is entitled to reinstatement and restoration of seniority, back pay with interest, compensatory damages and punitive damages up to $250,000.00. While this law is new and there are no judicial decisions interpreting or enforcing its provisions, this statute appears to be an effective shield to protect injured railroad workers from harassment and intimidation when reporting an on-duty injury to his or her employer.

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Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455

Toll Free: (800) 752.0042
Phone: (757) 460-7776
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