Mark Hoffman v. Hilda S. Solis, No. 08-4128 (6th Cir. 2011)
Annotate this CaseA pilot claimed that his employer subjected him to harassment and retaliation because he raised safety issues. His application for a position as an initial operating experience instructor was rejected and he filed a grievance. The Systems Board of Adjustment found no violation of the collective bargaining agreement, but the employer nonetheless interviewed the pilot for the position. After he was rejected for the stated reason of lack of international qualifications, the pilot unsuccessfully filed another grievance. While the Occupational Safety and Health Administration was investigating a claim of retaliation (49 U.S.C. 42121), the employer learned that the pilot had secretly taped hundreds of conversations and put him on administrative leave. The OSHA hearing officer and review board ruled in favor of the employer. The Sixth Circuit affirmed, stating that substantial evidence supported a conclusion that the pilot would not have been promoted even absent his safety and regulatory reports. Although the pilot engaged in protected activity and suffered an adverse employment action, the employer provided evidence of the point system by which it evaluated candidates, that it had an interest in international experience, and that the pilot did not interview well. Any incorrect evidentiary rulings constituted harmless error.
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