CYNTHIA SHANNON, Petitioner v. CONSOLIDATED FREIGHTWAYS CORPORATION; UNITED STATES DEPARTMENT OF LABOR, Administrative Review Board, Respondents, 181 F.3d 103

Summary

The claimant was involved in a confrontation with another employee, and her supervisor decided to fire her. Later that month, the claimant made a safety complaint concerning her employer's violation of the Surface Transportation Assistance Act. The claimant was terminated. The Department of Labor Administrative Review Board determined that the employer did not violate federal law by dismissing the claimant from a truck-driving job because it had a legitimate, nondiscriminatory reason. The court declined to set aside the decision of the Administrative Review Board, holding that there was sufficient evidence that the claimant was terminated for her overall performance and that the decision was made prior to her engaging in any protected activity.