CSX Whistleblower’s Appeal Clouded by New Retaliation Test (1)

A federal appeals court judge considering a former CSX Transportation Inc. train conductor’s retaliation case appeared uncertain of how to apply a new US Supreme Court standard making it easier for whistleblowers to prove their claims.

Judge Myrna Pérez of the US Court of Appeals for the Second Circuit repeatedly asked the parties’ attorneys during oral arguments Friday how the court should balance the Supreme Court’s new test against CSX’s argument that conductor Cody Ziparo was actually fired for his failure to realign a mainline switch—which the company said would’ve caused a potentially catastrophic collision.

Ziparo says CSX fired him ...