Federal Lawsuit Alleges Railroad Giant Discourages FMLA Leave and Retaliates Against Employees
North Carolina – CSX Transportation Inc. is facing serious allegations of discouraging and punishing employees who miss work under the Family and Medical Leave Act (FMLA). A federal lawsuit, filed by conductor Michael Tyrone Mack, claims that CSX has implemented an attendance point system that unfairly targets workers using FMLA leave and punishes them through a combination of negative points and retaliatory actions.
Mack, who has been employed by CSX for over seven years and suffers from diabetes and neuropathy, alleges in the lawsuit that the railroad company has established a “brazen pattern and practice” of discouraging employees from taking FMLA leave. According to the complaint, CSX uses an attendance policy called the “Crew Attendance Point System” (CAPS), which assigns negative points to employees who miss work. Employees are unable to erase these points if they use FMLA leave, unlike those who take personal or vacation days, the lawsuit asserts.
Mack claims that the company’s punitive approach to FMLA leave not only discourages employees from using it but also puts workers in a position where they must choose between protecting their health and avoiding job-related consequences.
“By disregarding the FMLA’s clear mandate, CSX saved significant sums of money by reducing its total workforce, limiting its employees’ lawful use of FMLA leave, and sending a clear message to the remaining employees: take FMLA leave at your own peril,” Mack stated in the complaint.
The lawsuit also highlights a pattern of retaliatory practices by CSX, which allegedly began disciplining and firing employees who took FMLA leave around weekends and holidays. In a particularly troubling incident, over 100 workers who took FMLA leave during the 2017-2018 holiday season were reportedly fired for violating workplace rules, with CSX accusing them of using FMLA leave “solely to avoid working on a holiday.”
The complaint further details how CSX has based accusations of FMLA abuse on allegedly suspicious patterns of leave usage, with employees facing disciplinary hearings that heavily favor the company. Mack, who was suspended for allegedly abusing his FMLA leave during the holidays, argues that his need for medical leave was a predictable consequence of his health conditions.
“I should not have been penalized for needing medical leave during the holidays,” Mack said. “My neuropathy and diabetes often flare up during this time due to changes in eating habits, exercise routines, and cold weather. This is not an abuse of FMLA leave.”
The lawsuit seeks damages for interference and discrimination under the FMLA, along with an order to expunge Mack’s record and prevent CSX from continuing its policy of denying workers the ability to reduce their attendance points after taking FMLA leave.
CSX has declined to comment on the pending litigation. The lawsuit is being represented by Dan Francis of Dan Francis Law Firm PLLC and Nicholas D. Thompson of Casey Jones Law Firm.
