United States Federal Circuit

In an action alleging OSHA-related retaliation in violation of the Congressional Accountability Act (CAA), dismissal of petitioner's complaint by the Board of Directors of the Office of Compliance is affirmed where: 1) the express, unambiguous language of the CAA accords legislative employees anti-reprisal protection for OSHA-related claims; but 2) substantial evidence supported the board's finding that petitioner had failed to meet the causation requirement of his reprisal claim.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• Before MICHEL, Chief Judge, NEWMAN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey H. Leib, of Washington, DC, argued for petitioner.


• For Appellees:
  
• William Wachter, Attorney, Office of the General Counsel, Office of Compliance, of Washington, DC, argued for respondent Office of Compliance.   With him on the brief was Peter A. Eveleth, General Counsel., Kelsi Brown Corkran, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent Office of the Architect of the Capitol.   With her on the brief was Marleigh D. Dover, Attorney.