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VBA-0083 - In the Matter of S.R. Davis

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on April 21, 2004, involving a complaint filed by S.R. Davis (also referred to as the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In her Complaint, the Complainant claims that her former employer, Fluor Fernald, Inc. (the Contractor), retaliated against her for engaging in activity that is protected by Part 708. In the IAD, an Office of Hearings and Appeals (OHA) Hearing Officer determined that the Contractor met its burden of demonstrating, by clear and convincing evidence, that it would have taken the same action in the absence of the protected activity. The Complainant appeals that determination. As set forth in this Decision, I have concluded that the determination is correct.