29 C.F.R. § 1982.109 - Decision and orders of the administrative law judge
| Cite as | 29 C.F.R. § 1982.109 |
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23 cases
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Wooten v. BNSF Ry. Co., CV 16-139-M-DLC
...the prima facie stage and the substantive stage. Rookaird , 908 F.3d at 459 (citing 49 U.S.C. § 42121(b)(2)(B) ; 29 C.F.R. §§ 1982.104(e), 1982.109(a) – (b) ). Both stages are governed by a burden-shifting framework allowing the employer to defeat the employee's claim by showing "by clear a......
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Rookaird v. BNSF Ry. Co., s. 16-35786
...was a contributing factor in the unfavorable personnel action alleged in the complaint." 49 U.S.C. § 42121(b)(2)(B)(iii) ; see 29 C.F.R. § 1982.109(a). If the complainant proves the substantive case, then the burden again shifts to the employer to prove "by clear and convincing evidence tha......
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Gunderson v. BNSF Ry. Co., Case No. 14–CV–0223 (PJS/JJG).
...An administrative law judge (“ALJ”) then conducts a hearing and issues findings of fact and conclusions of law. 29 C.F.R. §§ 1982.107, 1982.109. The parties may petition for review of the ALJ's decision before the Administrative Review Board (“ARB”). 29 C.F.R. § 1982.110(a). If neither part......
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Gunderson v. BNSF Ry. Co., Case No. 14–CV–0223 PJS/JJG.
...An administrative law judge (“ALJ”) then conducts a hearing and issues findings of fact and conclusions of law. 29 C.F.R. §§ 1982.107, 1982.109. The parties may petition for review of the ALJ's decision before the Administrative Review Board (“ARB”). 29 C.F.R. § 1982.110(a). If neither part......
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