Naval Reservist sues CSX Transportation, claims firing after flagging discrimination

In early May 2024, while Levesque was attending a drill in Virginia, Fortner allegedly called his local drill center in Buffalo, New York, demanding to know his whereabouts and saying he “didn’t believe a word” Levesque was saying. 

Separately, Levesque had also been taking approved intermittent family medical leave since approximately late January 2024 — roughly one day a week — to care for his terminally ill father, who was on home hospice. He alleges the pressure from management discouraged him from taking more. On at least one occasion, the filing states, he was denied an overtime shift because management considered him “not reliable to be at work” due to his father’s illness. 

On or about May 5, 2024, Levesque reported Fortner’s conduct to CSX’s ethics hotline and HR department. He alleges he was assured the company had a “zero tolerance policy for retaliation.” 

Roughly 23 days later, CSX suspended him. The company initially brought two charges on May 28, 2024, then added two more the following day — fuel theft, improper track protection, falsifying test records, and lying about a pending investigation. Levesque alleges each charge was pretextual and that he presented evidence rebutting all four during disciplinary hearings on July 1 and 2, 2024. CSX terminated him by letter dated July 16, 2024. 

The filing also alleges that Fortner had begun printing and collecting Levesque’s work records as early as February 2024 — months before any charges surfaced — and that CSX’s internal investigation into the discrimination report concluded approximately one week after his termination, finding “no wrongdoing on the side of management.”