Sipes

Sipes v. United States Department of Labor

Good Law
50 F. App'x 813
United States Court of Appeals for the Ninth CircuitAugust 23, 2002No. 01-70024; DOL No. 95-TSC-15; ARB No. 98-004California491 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Richard Sipes appeals a decision of the Administrative Review Board of the Department of Labor (“the Board”) affirming the Recommended Decision and Order of the administrative law judge (“ALJ”) dismissing Sipes complaint.

In his complaint, Sipes contends that his employers took adverse employment action against him in response to his protected whistleblowing activities, in violation of the Toxic Substances Control Act (“TSCA”), *814 15 U.S.C. § 2622 ; the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300j-9(i); and the Clean Water Act (“CWA”), 33 U.S.C. § 1367 . The ALJ, having assumed arguendo that Sipes established a prima fade case of retaliatory discrimination, determined that Sipes failed to carry his burden of persuasion to show by a preponderance of evidence that the respondentsintervenors intentionally discriminated against him in violation of the aforementioned statutes. Sipes urges this court to find that the decision of the ALJ was not supported by substantial evidence. To the contrary, we find that there existed substantial evidence to support the ALJ’s decision.

We review a decision of the Board pursuant to the Administrative Procedure Act, 5…

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