ELR Citation: ELR 21125
No(s). 92-3261 (3d Cir. Apr 16, 1993)

The court holds that an employee's intracorporate complaints are protected under the Federal Water Pollution Control Act's (FWPCA's) whistleblower provision, and that substantial evidence exists to support the Secretary of Labor's findings that the employee was discharged in violation of the whistleblower provision. The purpose of FWPCA §507(a) is to shield employees from retaliatory actions taken against them by employers. The court holds that the statute should not be interpreted to discourage employees from pursuing internal remedies before formal investigations and litigation are initiated. The court holds that an employee's good-faith allegation should not have to withstand the scrutiny of in-house or external review to receive protection under FWPCA §507(a). The court holds that the Secretary's broad interpretation of the term "proceeding" within §507(a) to include intracorporate complaints is reasonable and gives effect to the intent of Congress. The court holds that substantial evidence supports the Secretary's finding that the employee's complaint activity led directly to his termination, because there is no evidence that the other alleged reasons, such as personality problems, arose in contexts outside of the employee's complaint activity. It is the employer's motivation that is under scrutiny, hence, the burden is on the employer to separate the legitimate rationale from the prohibited rationale for its termination of an employee. It is not enough that the evidence shows in retrospect that the employer could have made its employment decision on legitimate grounds.

Counsel for Petitioner
Gabriel M. Ambrosio
Gabriel M. Ambrosio Law Office
464 Valley Brook Ave., P.O. Box 911, Lyndhurst NJ 07071
(201) 933-8844

Counsel for Respondents
Ellen L. Beard
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave. NW, Rm. N-2700, Washington DC 20210
(202) 219-6666