Bechtel v. Administrative Review Board, United States Department of Labor

JOSÉ A. CABRANES, Circuit Judge:

Petitioner J. Scott Bechtel seeks review of a September 30, 2011 final decision and order of the Administrative Review Board (“ARB”) of the United States Department of Labor (“DOL”), affirming an administrative law judge’s (“ALJ”) order dismissing Bechtel’s retaliation claim under the Sarbanes-Oxley Act (the “Act”), 18 U.S.C. § 1514A. We take this opportunity to clarify the burden-shifting framework applicable to whistleblower retaliation claims under the Act. For the reasons stated below, the petition for review is denied.

BACKGROUND

Competitive Technologies,…