NUCLEAR AND ENVIRONMENTAL WHISTLEBLOWER DIGEST
TABLE OF CONTENTS -- DIVISIONAL OUTLINE
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I. Overview
II. Filing requirements, generally
III. Time limits on filing
IV. Equitable tolling of filing period
V. OSHA/Wage and Hour Division investigation
VI. Request for hearing
VII. Proceedings before OALJ
VIII. Powers,responsibilities and jurisdiction of ALJ, Secretary and federal courts
IX. Miscellaneous procedural issues
X. Weighing of evidence and interpretation of law, generally
XI. Burden of proof and production
A. Elements
B. Articulation of nondiscriminatory reason for adverse action
C. Pretext
D. Respondent's burden to establish adverse action would have been taken absent protected activity
E. Evidentiary matters
F. After acquired evidence
XII. Protected activity
XIII. Adverse action
XIV. Employer/employee/authorized representative
XV. Miscellaneous definitions
XVI. Damages and remedies
A. Generally
B. Reinstatement
C. Back pay, and other terms, conditions and privileges of employment
D. Compensatory damages
E. Litigation expenses
F. Punitive damages
G. Abatement and other relief
XVII. Settlements
XVIII. Dismissals
XIX. Denial of relief when complainant engages in deliberate safety violation
XX. Relationship between 29 C.F.R. Part 24 and other laws
XXI. Res judicata/collateral estoppel
XXII. Posting