Instead of naming the railroad, workers are free to name a manager as the defendant in a Federal Rail Safety Act complaint. And there are good reasons for doing so.
When a manager is singled out as illegally retaliating against workers, it is a form of public “shaming” that does not help his future career prospects. It also raises the unsettling potential for that manager to be held personally liable for any economic damages, thus making him think twice before retaliating again. And it creates an official record that can be used as a basis for a FRA disqualification of that manager from working in the railroad industry. For an explanation of how to disqualify such managers, click here.
So managers who retaliate should be prepared to suffer all the negative consequences of being personally named as the defendant in a FRSA complaint.