No. 20-1781

Frederick B. Wright v. Department of Labor, Administrative Review Board

Lower Court: Fifth Circuit
Docketed: 2021-06-23
Status: Denied
Type: Paid
Response Waived
Tags: adverse-action federal-water-pollution-control-act motivating-factor reasonable-belief safe-drinking-water-act whistleblower-protection
Key Terms:
EmploymentDiscrimina
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether an employer's professing motivating factor should override a whistleblower employee's reasonable belief of retaliation

Question Presented (OCR Extract)

QUESTION PRESENTED Whether an employer’s professed motivating factor in taking adverse action against a whistleblower employee under the Safe Drinking Water Act and the Federal Water Pollution Control Act should override a whistleblower employee’s reasonable belief that he has been subject to an adverse action because of protected activity. The lower courts’ subordination of the role of the employee’s reasonable belief in favor of an employer’s ability to justify an adverse action is especially troubling when the very purpose of these whistleblower protections is to encourage employees to make difficult choices by putting their careers on the line for the sake of safety. i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent Administrative Review Board, United States Department of Labor to respond filed.
2021-06-17
Petition for a writ of certiorari filed. (Response due July 23, 2021)

Attorneys

Administrative Review Board, United States Department of Labor
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Frederick B. Wright
Eric Martin SchifferSchiffer & Buus, APC, Petitioner
Eric Martin SchifferSchiffer & Buus, APC, Petitioner