192905P.pdf   07/31/2020  Jeffrey Neylon  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  19-2905
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Benton, Author, with Colloton, Circuit Judge, and Williams, 
   District Judge] 
   Civil case - Federal Railway Safety Act. In order to show a prima facie 
   case of unlawful retaliation under the Federal Railway Safety Act, an 
   employee must show, by a preponderance of the evidence, that the 
   circumstances raised an inference that the protected activity - here, 
   reporting a work-related injury - was a contributing factor in the adverse 
   action; the contributing factor that an employee must prove is intentional 
   retaliation prompted by the employee engaging in the protected activity; 
   here, the record as a whole could not lead a rational trier of fact to 
   find that plaintiff's injury reported prompted defendant to intentionally 
   retaliate against him, and the district court did not err in granting 
   defendant's motion for summary judgment.