A CSX train operator could not prove that his refusal to work in unsafe conditions during a lightning storm in Birmingham, Alabama, was a contributing factor to his alleged retaliatory termination months later, a federal appellate court ruled this week.
The U.S. Court of Appeals for the Eleventh Circuit issued an opinion Sept. 9, affirming the district court’s summary judgment ruling in favor of CSX in a suit brought by a former employee, Jeremy Hitt, who claimed he was retaliated against after refusing to work in unsafe conditions at the end of a lightning storm. Hitt alleged his supervisor, Nick Smith, subsequently targeted him over the next several months, ultimately leading to the employee’s termination following a failed safety test. The case is captioned Hitt v. CSX Transportation.