Lockhart v. MTA Long Island Railroad, No. 17-2725 (2d Cir. 2020)Annotate this Case
The Federal Rail Safety Act (FRSA) does not prevent employers from requesting reasonable documentation to assure themselves that employees' absences are legitimate. The Second Circuit affirmed the district court's grant of MTA's motion for summary judgment and dismissal of plaintiff's claims for failure to establish a prima facie case of retaliation under the FRSA. Plaintiff, a locomotive engineer, alleged that MTA was liable for disciplinary action against him when he failed to report to work while under the influence of a prescribed narcotic.
The court held that there was no reason to conclude that the FRSA precludes employers from implementing standard policies reasonably designed to verify employees' appropriate use of medical leave. In this case, plaintiff failed to demonstrate that his absences, when unaccompanied by SLA-28 forms, were protected activity, as directly required by element (i), and indirectly by (ii) and (iv).