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WBH-13-0011 - In the Matter of Alison Marschman

On May 8, 2014, an OHA Administrative Judge denied a request for relief under the DOE’s contractor employee protection regulations. Although the Judge found that the Complainant had engaged in activity that is protected by those regulations, he concluded that she had failed to demonstrate, by a preponderance of the evidence, that that activity was a contributing factor to one or more acts of retaliation. Specifically, he found that there was no direct evidence of retaliation, that the period of time between the protected activity and the Complainant’s termination was too long to presume a causal connection, and that there was no other circumstantial evidence demonstrating a nexus between the activity and the termination. The Judge also concluded that, even if the protected activity had been a contributing factor, the Respondent had shown, by clear and convincing evidence, that it would have taken the same action against the Complainant in the absence of the protected activity.