Eighth Circuit: Intent Matters in Whistleblower Retaliation Claims under FRSA


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January 30, 2020


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The Federal Railroad Safety Act (FSRA) prohibits rail carriers from retaliating against employees who engage in protected activities.  In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, the Eighth Circuit stated that claimants must show intention to discriminate in a whistleblower retaliation case subject to AIR21 regulations.  Although this is not novel case, it is consistent with the view that claimants must show the protected activity was a contributing factor to an adverse employment action.

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