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ARTICLE · 24 DECEMBER 2015

ARB Broadly Interprets Adverse Action Once Again

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On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with no compensation-related consequences and a failure to pay medical bills in connection with a work-related accident are actionable.

United StatesEmployment and HR
Steven Pearlman
Steven Pearlman
Allison Lynn Martin
Allison Lynn Martin
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On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with no compensation-related consequences and a failure to pay medical bills in connection with a work-related accident are actionable. Fricka v. National Railroad Passenger Corp., ARB Case No. 14-047 (Nov. 24, 2015).

Background

Complainant was injured while traveling to perform work-related duties on his personal motorcycle. He reported the accident as work-related, but the Company classified the injuries as not work related and declined to pay his medical expenses. Shortly after he returned to work in 2011, he received a "Needs Development" rating on his annual review, which was lower than the score he received for his mid-year review. Complainant filed a complaint with OSHA, alleging that he was retaliated against after he reported a workplace

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