ARB CASE NOS. 01-073
01-074
ALJ CASE NO. 2001-ERA-13
DATE: June 30, 2003
In the Matter of:
SHANNON DOYLE,
COMPLAINANT,
v.
WESTINGHOUSE ELECTRIC CO. LLC,
HOPE COMISKY, ESQ.,
PEPPER HAMILTON LLP,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Shannon T. Doyle, pro se, Dothan, Alabama
For Respondent Westinghouse Electric Company LLC:
Thomas A. Schmutz, Esq., David R. Lipson, Esq., Morgan, Lewis & Bockius LLP, Washington, D.C.
For Respondents Hope Comisky, Esq. and Pepper Hamilton LLP:
Barbara W. Mather, Esq., Michael H. Rosenthal, Esq., Pepper Hamilton LLP, Philadelphia, Pennsylvania
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
[ENDNOTES]
1 The statute provides, in pertinent part, that "[n]o employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee . . . [notifies a covered employer about an alleged violation of the ERA or the Atomic Energy Act (AEA) (42 U.S.C. § 2011 et seq.(2000)), refuses to engage in a practice made unlawful by the ERA or AEA, testifies regarding provisions or proposed provisions of the ERA or AEA, or commences, causes to be commenced or testifies, assists or participates in a proceeding under the ERA or AEA]."
2 At the time Doyle was denied unescorted access, Equifax was a credit reporting agency that maintained and sold, among other products, employment reports to prospective employers.
3 On March 27, 2002, the United States Court of Appeals for the Third Circuit held that Doyle's refusal to sign the waiver did not constitute protected activity under the ERA. See Doyle v. United States Sec'y of Labor, 285 F.3d 243 (3d Cir. 2002), cert. denied, Doyle v. Hydro Nuclear Servs., 123 S.Ct. 620 (2002).