Yowell v. Administrative Review Board, No. 20-60274 (5th Cir. 2021)Annotate this Case
The Fifth Circuit denied a petition for review of the ARB's decision upholding petitioner's discharge. Petitioner argues that he was improperly terminated for reporting a job-related injury, an act protected by the Federal Railroad Safety Act. The court held that the ARB did not err in finding that the railroad terminated petitioner's employment for failing to comply with his obligation to report promptly all known injuries and that his eventual acknowledgement of the injury was not a "contributing factor" for purposes of the Act. In this case, there is unchallenged evidence in the record that it was not the fact of reporting an injury but the failure to report promptly an earlier injury that caused petitioner to be discharged.