Eighth Circuit upholds jury verdict for Union Pacific in railroad worker FRSA retaliation case
Key points
- The Eighth Circuit affirmed a jury verdict for Union Pacific Railroad
- The plaintiff was discharged after filing safety complaints and brought an FRSA retaliation claim
- The court found no abuse of discretion in jury instructions, including proof of intentional retaliation and a business judgment instruction
- Case: Parr v. Union Pac. R.R. Co., ruled October 30
The Eighth Circuit Court of Appeals upheld a jury verdict in favor of Union Pacific Railroad. The plaintiff, a railroad worker discharged after filing safety complaints, brought a retaliation claim under the Federal Railroad Safety Act (FRSA). The court found no abuse of discretion in the district court's jury instructions, including the requirement to prove intentional retaliation, a business judgment instruction, and a limit on the time period of protected activity. Case: Parr v. Union Pac. R.R. Co., ruled October 30.
What employers should do
- Keep complete, traceable business-reason records for personnel decisions following employee safety complaints
- Arrange legal review before discharge decisions involving whistleblowers
Policy details
- Jurisdiction
- US Court of Appeals for the Eighth Circuit
- Status
- Court ruling
- Effective date
- —
- Employers covered
- Railroad employers (FRSA)
- Official source
- Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.