United States Fourth Circuit

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Lee v. Norfolk Southern Railway Co., 14-1585

In an appeal arising from two lawsuits brought against plaintiff's employer, claiming he was suspended on the basis of his race in violation of 42 U.S.C. section 1981 and that he was suspended for reporting rail safety offenses in violation of the whistleblower protection provision of the Federal Railroad Safety Act (FRSA), the district court's grant of summary judgment to employer on grounds that the whistleblower suit was barred by the FRSA's "Election of Remedies" provision, 49 U.S.C. section 20109(f), is vacated where a suspension on the basis of race is not "the same allegedly unlawful act" as a suspension in retaliation for FRSA whistleblowing.

Appellate Information

  • Decided 09/17/2015
  • Published 09/17/2015

Judges

  • FLOYD

Court

  • United States Fourth Circuit

Counsel

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