Jodi Asay v. New Jersey Transit Rail Operations, Inc. and/or New Jersey Transit Rail Corp.; Brotherhood of Locomotive Engineers and Trainmen; James P. Brown; David Decker; Fred Mattison; Alan Antell; Donald Broschart; John Does 1–25

Summary

The United States Court of Appeals for the Third Circuit affirmed summary judgment for New Jersey Transit in Jodi Asay’s Federal Railroad Safety Act retaliation claim. The court held that Asay failed to present evidence that an agent who influenced her termination knew of her protected whistleblowing activity. Temporal proximity and evidence that information was shared with someone at NJ Transit were insufficient to establish the required causal connection.

Holdings

1. A plaintiff alleging retaliation under the Federal Railroad Safety Act must show that an agent of the employer who influenced the adverse decision knew of the plaintiff's protected activity; knowledge by the employer as an entity or by any unrelated supervisor or manager is insufficient.
2. Asay failed to produce evidence from which a reasonable juror could infer that anyone who influenced her discipline or termination knew that she had reported NJT's alleged short-turn practice to Liberty Mutual; therefore, summary judgment for NJT was proper.

Questions Presented

1. Whether Asay produced sufficient evidence that an agent of NJT who influenced the decision to discipline or terminate her knew of her protected activity, as required to establish that the activity was a contributing factor under the Federal Railroad Safety Act.
2. Whether the District Court properly granted summary judgment to NJT on Asay's FRSA retaliation claim.

Disposition

affirmed