CSX to Face Job Bias Trial Over Medical Leave, Attendance Rules

A jury must decide whether CSX Transportation Inc.'s policies governing employee attendance and guaranteed pay for engineers, conductors, and switchmen when on-call discriminates against workers who use approved medical leave, a Cincinnati federal judge ruled.

CSX’s policy of not counting employees’ unpaid Family Medical Leave Act time off toward its good attendance credit is similar to a policy the Sixth Circuit rejected in 2019, the US District Court for the Southern District of Ohio said. Under Dyer v. Ventra Sandusky LLC, attaching negative consequences to an employee’s exercise of FMLA rights tends to chill such rights, the court said. ...