By: WISCONSIN LAW JOURNAL STAFF//January 6, 2014//
United States Court of Appeals For the Seventh Circuit
Civil
Employment — whistleblower statute
An employee who files a reasonable safety complaint in good faith is protected by 49 U.S.C. 31105(a)(1)(A)(i) even when that complaint contains inaccurate information.
“First, the text of the STAA protects employees complaining of safety violations—Gaines was complaining about a steering problem he considered unsafe. There is no evidence that Gaines intentionally misidentified the problem. Thus, the Friday DDR satisfies the plain language of the statute: Gaines filed a complaint (the DDR) related to a safety violation (faulty steering). See 49 U.S.C. § 31105(a)(1)(A)(i) (prohibiting the discharge of an employee because he or she ‘has filed a complaint or begun a proceeding related to a commercial motor vehicle safety or security regulation, standard, or order’).”
Affirmed in part, and Reversed in part.
12-2249 Gaines v. K-Five Construction Corp.
Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Darrow, J.