Lee v. Norfolk Southern Railway Co.

Plaintiff filed suit against his employer, NS, alleging that NS suspended him on the basis of his race in violation of 42 U.S.C. 1981. The district court granted summary judgment to NS and then plaintiff filed a second suit, claiming that NS in fact suspended him for reporting rail safety offenses, in violation of the whistleblower protection provision of the Federal Railroad Safety Act (FRSA), 49 U.S.C. 20109. The district court again granted summary judgment to NS. The court concluded, however, that the Election of Remedies provision in the FRSA does not bar plaintiff's second suit. The court explained that a suspension on the basis of race is not “the same allegedly unlawful act” as a suspension in retaliation for FRSA whistleblowing. Accordingly, the court reversed and remanded for further proceedings. View "Lee v. Norfolk Southern Railway Co." on Justia Law