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TBA-0088 - In the Matter of Arun K. Dutta

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on August 25, 2010, involving a Complaint of Retaliation filed by Arun K. Dutta (Mr. Dutta or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his Complaint, Mr. Dutta alleged that his former employer, Parsons Infrastructure and Technology Group, Inc. (Parsons or the contractor), retaliated against him for engaging in activity protected under Part 708. In the IAD, the Office of Hearings and Appeals (OHA) Hearing Officer determined that Mr. Dutta had engaged in activity that is protected under Part 708, but that Parsons had shown that it would have taken the same personnel action in the absence of the protected activity. Mr. Dutta appeals that determination. As set forth in this decision, I have decided that the determination is correct.