Bechtel v. Admin. Review Bd., No. 11-4918 (2d Cir. 2013)
Annotate this CasePetitioner sought review of the ARB of the DOL affirming an ALJ order dismissing petitioner's retaliation claim under the Sarbanes-Oxley Act, 18 U.S.C. 1514A. The court held: (1) To prevail on a whistleblower claim under the Act, an employee must prove by a preponderance of the evidence that he or she engaged in a protected activity; the employer knew that he or she engaged in the protected activity; he or she suffered an unfavorable personnel action; and the protected activity was a contributing factor in the unfavorable action. If the employee proved these four elements, the employer could rebut this prima facie case with clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of the protected behavior. (2) The ARB did not act arbitrarily or capriciously, or abuse its discretion, in affirming the ALJ's dismissal of the complaint under the correct legal standard. (3) Petitioner's remaining claims lacked merit.
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