49 U.S.C. § 20109 — Employee protections

(a) In General. A railroad carrier working in interstate or foreign commerce, its contractor or subcontractor, or an officer or employee of that carrier, can't fire, demote, suspend, reprimand, or otherwise discriminate against an employee if the discrimination is due, even partly, to the employee's lawful, good-faith act — done, or believed by the employer to have been done or about to be done — to: (1) give information, cause it to be given, or directly help with any investigation into conduct the employee reasonably believes violates a federal law, rule, or regulation about railroad safety or security, or that involves serious fraud, waste, or abuse of federal grants or public funds meant for railroad safety or security — if that information or assistance goes to, or an investigation from it is run by, (A) a federal, state, or local regulatory or law enforcement agency (including an Inspector General's office), (B) any Member or committee of Congress, or the Government Accountability Office, or (C) a person with supervisory authority over the employee, or anyone else with authority to investigate, discover, or stop the misconduct; (2) refuse to violate, or help violate, a federal law, rule, or regulation about railroad safety or security; (3) file a complaint, or cause a proceeding enforcing this part (or, for railroad safety or security, chapter 51 or 57) to be brought, or testify in that proceeding; (4) notify, or try to notify, the railroad or the Secretary of Transportation about a work-related injury or illness; (5) cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; (6) give facts to any of those agencies about an accident or incident that injured or killed someone or damaged property in connection with railroad transportation; or (7) accurately report hours on duty under chapter 211.

(b) Hazardous Safety or Security Conditions.
(1) A railroad carrier, or its officer or employee, can't discharge, demote, suspend, reprimand, or otherwise discriminate against an employee for: (A) reporting, in good faith, a hazardous safety or security condition; (B) refusing to work when facing such a condition tied to the employee's duties, if the conditions in paragraph (2) exist; or (C) refusing to authorize use of unsafe equipment, track, or structures, if the employee is responsible for inspecting or repairing them and believes they're hazardous, again if the conditions in paragraph (2) exist.
(2) A refusal under (1)(B) or (C) is protected only if: (A) it's made in good faith and no reasonable alternative to refusing is available; (B) a reasonable person in the same circumstances would conclude the hazardous condition risks death or serious injury and there isn't time to fix it without refusing; and (C) the employee, where possible, has told the railroad about the hazardous condition and their intention not to work, or not to authorize the equipment's use, unless it's fixed or replaced.
(3) In this subsection, only paragraph (1)(A) applies to security personnel a railroad employs to protect people and property it transports.

(c) Prompt Medical Attention.
(1) Prohibition. A railroad carrier or a person covered by this section can't deny, delay, or interfere with medical or first-aid treatment for an employee hurt on the job. If a hurt employee asks for transport to a hospital, the railroad must promptly arrange it, taking the employee to the nearest hospital for safe, appropriate care.
(2) Discipline. A railroad carrier or covered person can't discipline, or threaten to discipline, an employee for requesting medical or first-aid treatment, or for following a treating physician's orders or treatment plan — except that a railroad's refusal to let an employee return to work after treatment isn't a violation if it follows Federal Railroad Administration fitness-for-duty medical standards, or, if none apply, the carrier's own fitness-for-duty medical standards. "Discipline" here means bringing charges in a disciplinary proceeding, suspension, termination, probation, or a note of reprimand on the employee's record.

(d) Enforcement Action.
(1) In general. An employee who claims they were discharged, disciplined, or otherwise discriminated against in violation of subsection (a), (b), or (c) can seek relief under this section by filing a complaint with the Secretary of Labor.
(2) Procedure. (A) In general. The action is governed by the rules and procedures in section 42121(b), including: (i) burdens of proof set out in section 42121(b); (ii) a statute of limitations requiring the action to start no later than 180 days after the alleged violation; and (iii) if someone doesn't comply with the Secretary of Labor's order, the Secretary of Labor can sue in federal district court to enforce it. (B) Exception. Notification under section 42121(b)(1) must go to the person named in the complaint and that person's employer.
(3) De novo review. If the Secretary of Labor hasn't issued a final decision within 210 days after the complaint was filed, and the delay isn't the employee's bad faith, the employee can instead bring an original lawsuit for de novo review in the right federal district court, which has jurisdiction regardless of the amount in controversy, and either side can request a jury trial.
(4) Appeals. Anyone adversely affected by an order under section 42121(b) can appeal to the federal court of appeals for the circuit where the violation happened, or where the complainant lived when it happened. The appeal must be filed within 60 days of the Secretary of Labor's final order. Review follows chapter 7 of title 5. Filing an appeal doesn't automatically pause the order unless the court orders otherwise.

(e) Remedies.
(1) In general. An employee who wins under subsection (d) is entitled to everything needed to make the employee whole.
(2) Damages. That relief must include: (A) reinstatement with the seniority status the employee would have had without the discrimination; (B) any back pay, with interest; and (C) compensatory damages, including compensation for special damages from the discrimination, litigation costs, expert witness fees, and reasonable attorney fees.
(3) Possible relief. Relief may also include punitive damages up to $250,000.

(f) Election of Remedies. An employee can't seek protection under both this section and another law for the same allegedly unlawful railroad act.

(g) No Preemption. Nothing in this section removes or reduces any other legal protection against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, or retaliation under federal or state law.

(h) Rights Retained by Employee. Nothing in this section reduces an employee's rights, privileges, or remedies under any federal or state law, or under any collective bargaining agreement. The rights and remedies in this section can't be waived by any agreement, policy, form, or condition of employment.

(i) Disclosure of Identity.
(1) Except as paragraph (2) allows, or with the employee's written consent, the Secretary of Transportation or the Secretary of Homeland Security can't disclose the name of a railroad employee who provided information about an alleged violation of this part (or, for railroad safety or security, chapter 51 or 57), or of a related regulation or order.
(2) The Secretary of Transportation or Secretary of Homeland Security must disclose that employee's name to the Attorney General if the matter is referred there for enforcement, but must give the employee reasonable advance notice before the disclosure happens.

(j) Process for Reporting Security Problems to the Department of Homeland Security.
(1) Establishment of process. The Secretary of Homeland Security must set up, through regulations issued after notice and comment, a process for anyone to report railroad security problems, deficiencies, or vulnerabilities.
(2) Acknowledgment of receipt. If a report identifies who submitted it, the Secretary of Homeland Security must respond promptly and acknowledge receiving it.
(3) Steps to address problem. The Secretary of Homeland Security must review the information in any such report and take appropriate steps to address any problems or deficiencies it identifies.