3rd Circuit Notes Burden-of-Proof Shift in Reinstating Transit Worker’s Retaliation Suit

PHILADELPHIA — The U.S. Court of Appeals for the 3rd Circuit has overturned summary judgment awarded to the New Jersey Transit Rail Operations Inc. and said a former employee has shown sufficient evidence at this stage to pursue his claim of retaliation for reporting an emotional injury after witnessing a workplace fatality.

The court said that while Anthony Araujo’s evidence is “hardly overwhelming,” Congress’ action in amending the burden of proof necessary to bring such claims under the Federal Railway Safety Act “expressed an intent to be protective of plaintiff-employees.”

Araujo was a conductor-flagman on a repair crew and witness …