Yesterday, at the end of the first Federal Rail Safety Act jury trial in the nation, I asked the federal jury to send a message to every railroad in the country. An unmistakable message that singling out injured workers for discipline while ignoring management’s role will not be tolerated. An unmistakable message that rail management’s
FELA lawyer
The FRSA Is Not Subject to Title VII Burden Shifting
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The burden of proof applicable to a Federal Rail Safety Act whistleblower protection case is markedly different from a Title VII discrimination case. And much more favorable to the employee.
Title VII cases have a three step burden of proof: the employee establishes a prima facie case, the employer raises a non-discriminatory reason, and then…
The Escalating Cost of FRSA Violations
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The damages for violations of the Federal Rail Safety Act just keep expanding. The latest record breaker goes against the Union Pacific Railroad: $175,000 in punitive damages and $100,000 for emotional distress, all for firing a conductor who reported a minor injury.
In addition to the immediate reinstatement, lost wages, and attorney fees ordered,…
$1.1 Million FELA Settlement Vindicates Burned Metro North Worker
By Charlie Goetsch on
Posted in Federal Employers Liability Act
Teddy Roosevelt would be proud. 102 years after he signed the original rail safety statute into law, the Federal Employers Liability Act is still doing its job: exposing the unsafe practices of railroads and holding railroads accountable for the employee injuries that result.
The sad truth is, rail managers habitually ignore their own responsibility for…