WBA-20-0006 - In the matter of Leslie Smith

On April 1, 2021, the Office of Hearings and Appeals (OHA) issued an order denying Mrs. Smith's (Appellant) appeal of an OHA Administrative Judge's initial agency decision (IAD) under the Department of Energy's (DOE) Contractor Employee Protection Program, codified at Part 708 of Title 10 of the Code of Federal Regulations (Part 708). The appeal alleged that the Administrative Judge made material errors of law and fact in which led him to deny the Appellant's complaint on the basis that although the Appellant demonstrate that her protected conduct was a contributing factor in Consolidated Nuclear Security LLC's (CNS) decision to terminate her employment, CNS proved by clear and convincing evidence that it would have terminated the Appellant's employment regardless of her protected conduct. The OHA Director found that the Administrative Judge properly concluded that CNS would have terminated the Appellant's employment regardless of her protected conduct, and accordingly, OHA denied the appeal. OHA Case No. WBA-20-0006.