Legal Opinion
Marshall v. Whirlpool Corp.
Court of Appeals for the Sixth Circuit
Decided February 22, 1979No. Nos. 76-2143, 76-2144 and 76-2261PublishedCited by 21 opinions
1Opinion of the Court
DAMON J. KEITH, Circuit Judge.
This case presents a legal question of great significance to American workers and their employers: Whether under the Occupational Safety & Health Act of 1970, 29 U.S.C. §§ 651 et seq., the Secretary of Labor may limit the right of an employer to discipline or discharge an employee who refuses to work in the good faith belief that to do so would subject him to danger.
In a carefully circumscribed regulation,1 the Secretary of Labor (Secretary) has interpreted the Occupational Safety and Health Act’s retaliatory discharge provision 2 as protecting an employee who…
2Cases cited54 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Butz v. EconomouSupreme Court of the United States · 1978
- Cort v. AshSupreme Court of the United States · 1975
- Udall v. TallmanSupreme Court of the United States · 1965
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
49 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Robert B. Reich, U.S. Secretary of Labor v. Hoy Shoe Company, Inc.Court of Appeals for the Eighth Circuit · 1994
- Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the Fifth Circuit · 1982
- Delano v. City of South PortlandSupreme Judicial Court of Maine · 1979
- Fluor Constructors, Inc. v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the Sixth Circuit · 1988
- Ray MARSHALL, Secretary of Labor, Petitioner, v. N. L. INDUSTRIES, INC., AppelleeCourt of Appeals for the Seventh Circuit · 1980
16 more not listed; retrieve them via the Exa API.