Nelson v. U.S. Department of Labor

MEMORANDUM ***

1. The Administrative Review Board (ARB) properly affirmed the Administrative Law Judge’s (ALJ) dismissal of Richard Nelson’s claim under the Energy Reorganization Act, 42 U.S.C. § 5851. Section 5851 “protects energy workers who report or otherwise act upon safety concerns.” Sanders v. Energy Northwest, 812 F.3d 1193, 1196 (9th Cir. 2016). Nelson’s retaliation claim rests on a catch-all provision, which protects employees who participate “in any other action to carry out the purposes of’ the Act. 42 U.S.C. § 5851(a)(1)(F).

To establish a prima facie case of retaliation, Nelson…