United States Sixth Circuit
Pendley v. Fed. Mine Safety & Health Review Comm'n, 09-3213
A petition for review of an order of the Federal Mine Safety & Health Review Commission, which affirmed the ALJ's ruling against petitioner in part on his claims against his employer claiming discrimination, is granted in part and denied in part where: 1) the Commission erred in its analysis of the ALJ's decision with regard to the employer's three-part justification for terminating petitioner, as, at the very least, the Commission departed from its own precedent without articulating a reasoned basis for doing so; and 2) the Commission erred in finding that petitioner's post-reinstatement working conditions did not constitute adverse action.
Appellate Information
- Decided 04/02/2010
- Published 04/02/2010
Judges
Court
- United States Sixth Circuit