Tuesday, February 16, 2016

Sanders v. Energy Northwest

<> Sanders v. Energy Northwest - 2/12/16. In the U.S. Court of Appeals, Ninth Circuit, Case No.14-35368. In a split decision, the majority affirmed the district court's summary judgment on a claim of whistleblower retaliation in violation of the Energy Reorganization Act, the panel held that the plaintiff did not engage in protected activity when he objected to the security level designation given to an internal "condition report" of a safety procedure violation concerning access badges. 

     The dissenting Judge wrote that the majority wrongly narrowed the scope of the Energy Reorganization Act by rejecting the whistleblower claim on the basis that the safety problems were not overlooked, neglected, or concealed by management and were not concrete and ongoing issues.