Bennett

MEMORANDUM

Gregory Bennett (“Bennett”) filed a discrimination complaint with the Federal Mine Safety and Health Administration against Newmont Gold Company (“New-mont”) under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (“Act”) 4 , alleging that his employment was *494 terminated in retaliation for his health and safety complaints. Following a trial before an Administrative Law Judge (“ALJ”), Bennett filed post-trial motions requesting that the ALJ: (1) recuse herself on the ground of judicial bias; and (2) discipline Newmont’s witnesses for alleged perjury. The ALJ denied both motions, and dismissed the complaint. The Federal Mine Safety and Health Review Commission (“Commission”) affirmed.

I.

Bennett contends that the ALJ erred in dismissing his complaint on the basis that he failed to establish a prima facie case of discrimination or, alternatively, that Newmont successfully rebutted his prima facie case. To establish a prima facie case of discrimination under Section 105(c) of the Act, the complainant must prove that: (1) he engaged in protected activity, and (2) the adverse action complained of was motivated by that activity. See Secretary ex rel.…