Railroad Industry Whistleblower Protection Archives

Jury Awards Track Inspector Whistleblower $1.05M in Damages

On February 19th, a Colorado jury awarded Brandon Fresquez $1,050,000 in damages in his FRSA whistleblower retaliation claim against BNSF Railway Company. The verdict form … Continued

Ninth Circuit Rejects “Honest Belief” Defense in Whistleblower Retaliation Case

The Ninth Circuit’s recent opinion in Frost v. BNSF Railway Co. is an important win for whistleblowers in that it rejects employers’ attempts to impose a … Continued

ARB Decision Clarifies Favorable Burden-Shifting Framework for Whistleblowers

The Department of Labor Administrative Review Board’s ruling in Palmer v. Canadian National Railway, ARB No. 16-035, ALJ No. 2014-FRS-154 (ARB Sept. 30, 2016) (en … Continued

DOL ARB Considering Whether Affirmative Defense Evidence is Relevant to a Whistleblower’s Burden of Proving Causation

At oral argument on August 24, 2016, whistleblower attorney Dallas Hammer urged the Department of Labor Administrative Review Board to avoid lowering the onerous burden … Continued

Whistleblower Protection Law Firm Files Amici Curiae Brief Urging the ARB Not to Weaken Whistleblower Protection Laws

Jason Zuckerman and Dallas Hammer Zuckerman Law, a Washington DC law firm representing whistleblowers nationwide, filed an amici curiae brief on behalf of the National … Continued

OSHA Issues Final Regulations Governing Transportation Safety Whistleblower Claims

OSHA issued final regulations implementing the whistleblower protection provisions of the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). The … Continued

Jury Awards $1.25M to Railroad Whistleblower

Railroad Worker Prevails in FRSA Whistleblower Retaliation Case A jury has awarded $1.25 million to a whistleblower who suffered retaliation for disclosing safety violations … Continued

DOL OALJ Revamps Procedural Rules

Procedural Rules Governing Whistleblower Retaliation Claims Adjudicated at DOL OALJ The Department of Labor has issued its final rule revising the Rules of Practice and … Continued

ARB Decision Clarifies Favorable Causation Standard for Whistleblowers

The Administrative Review Board’s decision in Powers v. Union Pacific Railroad is a significant victory for whistleblowers in that it establishes a favorable burden of proof for … Continued

OSHA Awards $350,000 in Damages to Railroad Whistleblower

Finding a “culture of retaliation” at Union Pacific, OSHA awarded $350,000 in damages to a 35-year locomotive freight engineer who suffered retaliation for reporting … Continued

Rail Safety Whistleblower Obtains $100,000 in Punitive Damages

In Griebel v. Union Pacific Railroad Company, the ARB affirmed an award of $100,000 in punitive damages to a former Union Pacific employee who alleged … Continued