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A Great Decision

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  • A Great Decision

    Attached is a very important decision for all of you.

    The ARB states explicitly that a complainant need only prove that the report of an injury was a factor in the adverse action. “If [complainant] had not reported his fall . . . [respondent] would have had no reason to conduct a review of [complainant’s] injury and disciplinary records, decide that he exhibited a pattern of unsafe conduct, and impose disciplinary action. . . . Applying the framework of proving a contributing factor under AIR 21, we can only conclude as a matter of law that [complainant’s] reporting of his injury was a contributing factor to his suspension.”

    The Board also held that “[complainant] need not prove retaliatory animus to establish that his protected activity contributed to the adverse action.”
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    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
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