- Part Number:24
- Part Number Title:Procedures for the Handling of Retaliation Complaints Under The Federal Employee Protection Provisions of Six Environtmental Statutes and Section 211 of The Energy Reorganization Act of 1974, As Amended
- Subpart:24 Subpart A
- Subpart Title:Complaints, Investigations, Issuance of Findings
- Standard Number:
- GPO Source:
The complainant will be considered to have met the required showing if the complaint on its face, supplemented as appropriate through interviews of the complainant, alleges the existence of facts and either direct or circumstantial evidence sufficient to give rise to an inference that the respondent knew or suspected that the employee engaged in protected activity and that the protected activity was a motivating factor in the adverse action. The required showing may be satisfied, for example, if the complainant shows that the adverse action took place shortly after the protected activity, giving rise to the inference that it was a motivating factor in the adverse action.
If the respondent fails to make a timely response or fails to demonstrate by clear and convincing evidence that it would have taken the same adverse action in the absence of the behavior protected by the Act, the Assistant Secretary will proceed with the investigation. The investigation will proceed whenever it is necessary or appropriate to confirm or verify the information provided by the respondent.
[72 FR 44964, August 10, 2007; 76 FR 2821, Jan. 18, 2011]