Administrative Law Judge (ALJ) Richard E. Huddleston submitted a
Recommended Decision to me in this case which arises under the employee protection
provisions of the Surface Transportation Assistance Act, 49 U.S.C. app. § 2305 (1982)
(the Act). After a full hearing on the merits, the ALJ found that Complainant Darel E. Moon had
not established a prima facie case of discrimination under the Act and recommended that the
complaint be dismissed. The record in this case has been thoroughly reviewed and I concur with
the ALJ's recommendation that Complainant did not make out a prima facie case. See
Cohen v. Fred Meyer, Inc., 686 F.2d 793, 796 (9th Cir. 1982); Dartey v. Zack
Company of Chicago, 82-ERA-2, slip op. at 7 (April 25, 1983).
Complainant argues before me that the evidence, when viewed in the
light most favorable to him for purposes of determining whether he has met his threshold burden,
does establish a prima facie case. However, even assuming that to be so, Respondent has
articulated a legitimate non-discriminatory reason for discharging Complainant -- falsification of
his logs -- and Complainant has not shown, by a preponderance of the evidence either that that
reason is pretextual, Burdine v. TexasDepartment of Community
Affairs, 450 U.S. 248, 256 (1981), or on the record as a whole, that Transport Drivers was
motivated at least in part by, discriminatory intent. United States Postal Service v.
Aikens, 460 U.S. 711, 715-16 (1983).
I adopt the ALJ's recommended decision and append a copy to this Order.
Accordingly, the complaint in this case is DISMISSED.
