Whirlpool Corp. v. Marshall

The Occupational Safety and Health Act of 1970 (Act) 1 prohibits an employer from discharging or discriminating against any employee who exercises “any right afforded by” the Act. 2 The Secretary of Labor (Secretary) has promulgated a regulation providing that, among the rights that the Act so protects, is the right of an employee to choose not to perform his assigned task because of a reasonable appre hension of death or serious injury coupled with a reasonable belief that no less drastic alternative is available. 3 The question presented in the case before us is whether this regulation is…