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VBA-0082 - In the Matter of Janet K. Benson

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 22, 2002, involving a Complaint filed by Janet K. Benson (Benson or the Complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In her Complaint, Benson claims that her former employer, Livermore National Laboratory (LLNL or the Laboratory), retaliated against her for engaging in activity that is protected by 10 C.F.R. Part 708, the Department of Energy’s Contractor Employee Protection Program. 1/ In the IAD the Hearing Officer determined that Benson made disclosures that are protected under Part 708, but that LLNL had shown that it would have taken the same personnel actions in the absence of the protected disclosures. As set forth in this decision, I have decided that this determination, is with one exception, correct.