Pennsylvania Supreme Court – FELA Does Apply to SEPTA

The Supreme Court of Pennsylvania has rejected the claim of Southeastern Pennsylvania Transportation Authority (SEPTA) that it is not covered by the Federal Employers Liability Act (FELA).
The Court stated: “We discern no threat to the dignity of the Commonwealth of Pennsylvania whenever a private individual commences a FELA suit in the courts of this Commonwealth, nor do we find the treasury of the Commonwealth to be threatened by a FELA suit in our courts. Accordingly, we conclude SEPTA is not an arm of the Commonwealth of Pennsylvania, and thus not entitled to claim immunity under the Eleventh Amendment.”
“This ruling is good news for TCU members on SEPTA,” said TCU President Bob Scardelletti. “All workers need to know that they are protected on-the-job, and have recourse when they are injured. We hope this puts the end to SEPTA’s misguided efforts to avoid FELA coverage.”