Every day across the south workers are killed on the job, stolen from, discriminated against, or sexually harassed. Sometimes the employers are caught. These are some of last week’s stories:
Missouri Retaliators
A U.S. Department of Labor whistleblower investigation has found that a railroad company wrongfully suspended an employee for reporting a train collision and safety concerns, in violation of the Federal Railroad Safety Act.
The department’s Occupational Safety and Health Administration investigated a complaint filed by a Kansas City-based employee of Canadian Pacific Kansas City Ltd., who reported to the Federal Railroad Administration a minor train collision that occurred at the railroad company’s Knoche Yard on Aug. 11, 2024.
While the employee was not present at the time of the crash, which caused minimal damage and did not result in any injuries, the employee learned of it from a co-worker on the day it occurred and reported the collision and related safety concerns, as required by law, two days later.
OSHA’s investigation found that CPKC’s management was aware of the incident through radio traffic and internal rumors but took no investigative action until the employee’s report triggered an inspection by the Federal Railroad Administration.
In September 2024, the employee represented other workers involved in the collision during a disciplinary hearing as their union chairman and disclosed they reported the incident. As a result, CPKC investigated the employee and charged them with violating internal company policy for failure to notify management of the collision, despite not being present for it. The employee was subsequently suspended for 20 days without pay.
OSHA ordered CPKC to rescind the employee’s 20-day suspension and pay all back wages plus interest. The employer was also ordered to expunge the major rules violation and all references to the disciplinary action from the employee’s personnel record. CPKC must also pay compensatory and punitive damages.
Florida Discriminators
Menzies Aviation (USA), Inc., a nationwide aviation logistics services provider, will pay $55,000 and implement significant policy and training reforms to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC suit, Menzies Aviation failed to accommodate a Fort Lauderdale-based employee’s sincerely held religious beliefs which precluded her from working during her Sabbath observance, from Friday sundown through Saturday. Because of the company’s refusal of her request, the employee was forced to quit in December 2023.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires employers to reasonably accommodate employees sincerely held religious beliefs unless doing so would pose an undue hardship. The EEOC filed suit in U.S. District Court for the Southern District of Florida after first attempting to resolve the matter through its administrative conciliation process.
Miami District Director Evangeline Hawthorne added, “This resolution highlights the EEOC’s commitment to ensuring employees can uphold their sincerely held religious beliefs without fear of losing their jobs. Employers must take proactive steps to train their workforce and implement policies that comply with federal law.”
Under the five-year consent decree resolving the lawsuit, Menzies Aviation will pay $55,000 in compensatory damages to the former employee. The company will also implement a comprehensive religious accommodation policy, provide regular training to managers and employees on religious discrimination and accommodation obligations, and report complaints and accommodation requests to the EEOC.