I.	STATUTE AND REGULATIONS Statutory and Regulatory History Constitutionality Retroactive Application Statutory and Regulatory Interpretation Reference to Other Federal Laws for Interpretive Guidance Value of ALJ Decisions as Precedence Whether Section 1513(e) Creates a Private Cause of Action
II.	REMOVAL TO FEDERAL DISTRICT COURT Bad Faith Dismissal of DOL Complaint, Procedure Exhaustion of Administrative Remedies Mandamus When DOL Jurisdiction Ends Notice to DOL of Intent to Remove
III.	PROCEDURE BEFORE FEDERAL DISTRICT COURT Party Not Named in Administrative Complaint Judicial Notice of Administrative Record Jury Trial Short and Plain Statement of the Case Summary Judgment
IV.	REQUEST FOR HEARING Answer to Request for Hearing (Not Required) Cross-Appeal Failure to Serve Opposing Party Timeliness Equitable Tolling Date of Receipt of OSHA Determination Request for Extension of Time to File Hearing Request
V.	FILING OF COMPLAINT Timeliness Generally Trigger Date; Final, Definitive and Unequivocal Notice Private Tolling Agreement Post-termination Events Amendment of Complaint ALJ's Authority to Raise Issue in Order to Show Cause Equitable Tolling [filing in the wrong forum; severance agreements; ignorance of the law; etc.] Filing Directly With the Secretary Protected Activity Prior to Effective Date of SOX, But Adverse Action After Effective Date Whether the Respondent Must File an Answer to the Complaint
VI.	PROCEDURE BEFORE ARB Authority Briefing Consolidation of Appeals Declination of Review Interlocutory Appeals Reconsideration Standard and Scope of Review Subtantial Evidence ALJ Findings of Fact ALJ Credibility Findings New Evidence/Argument Timeliness of Petition for Review Time Period for ARB Review
VII.	PROCEDURE BEFORE OALJ Amendment of Complaint ALJ Authority to Control Hearing Claim Splitting Decision and Order Discovery Reconsideration Remand to OSHA Service by ALJ Summary Decision Witnesses
VIII.	PROTECTION OF INFORMATION; PRIVACY; CONFIDENTIALITY Admonishments Judicial Restraint in Drafting Decision Protective Order Pseudonyms Publication of Decisions Sealing the Record Striking Privileged Information
IX.	PRIVILEGES AND NON-DISCLOSURE AGREEMENTS Attorney-Client Privilege Litigation Privilege Non-Disclosure Agreements
X.	COVERED RESPONDENT Non-Publicly Traded Company [Non-Profit; Governmental Entity; Contractor; Representative, etc.] Non-Publicly Traded Subsidiary of Publicly Traded Parent, Generally Pleading; Amendment of Complaint Agency, Piercing the Corporate Veil, Intertwined Operations Extraterritorial Coverage Joint Venture Not a Publicly Traded Company at the Time of the Adverse Action Section 15(d) Exempt Company Liability of Individuals
XI.	COVERED EMPLOYEE Employee of Non-Publicly Traded Company Employee of Non-Publicly Traded Subsidiary of Publicly Traded Parent Employee Whose Work Was Outside the United States
XII.	ARBITRATION AGREEMENTS; SEVERANCE AGREEMENTS Arbitration Agreements Severance Agreements
XIII.	BURDEN OF PROOF AND PRODUCTION
A.	IN GENERAL
B.	PRIMA FACIE CASE
C.	ADVERSE EMPLOYMENT ACTION In General After-Acquired Evidence Complainant's Subjective Belief Evidence of Prior Acts Former Employee Reasonable Employee/Materially Adverse Standard (Burlington Northern) Tangible Job Consequence Specific Conduct Blacklisting Constructive Discharge Demotion/Reduced Responsibilities Failure to Promote Hostile Work Environment Increased Scrutiny of Work Layoffs/Reorganization Litigation Conduct Offering Severance Benefits in Return for a General Release Performance Evaluation Refusal to Communicate With the Complainant Setting Conditions About Continued Employment Transfer Termination From Employment
D.	CAUSATION Contributing Factor/Motiving Factor Standard Adverse Inference Summary Decision Temporal Proximity Respondent's Knowledge Complainant's Admission of Misconduct
E.	PROTECTED ACTIVITY
F.	PRETEXT
G.	DUAL MOTIVE
H.	CLEAR AND CONVINCING EVIDENCE STANDARD
XIV.	DAMAGES AND OTHER REMEDIES
A.	REINSTATEMENT After-Acquired Evidence Enforcement Impossibility Front Pay Procedure Sanctions Stay
B.	COMPENSATORY DAMAGES
C.	SPECIAL DAMAGES
D.	PUNITIVE DAMAGES
E.	ATTORNEYS' FEES
XV.	FRIVOLOUS COMPLAINT; SANCTIONS; COMPLAINANT'S PARTICIPATION IN WRONGFUL CONDUCT
XVI.	SETTLEMENTS
XVII.	DISMISSALS AND WITHDRAWALS Dismissal for Cause Voluntary Dismissal
XVIII.	ATTORNEYS AND REPRESENTATIVES
XIX.	BANKRUPTCY
XX.	RES JUDICATA
XXI.	EVIDENCE

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