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VBZ-0058 - In the Matter of Janet K. Benson

This determination considers Motions to Dismiss(1) filed by Lawrence Livermore National Laboratory (Laboratory)(2) under the Department of Energy’s (DOE’s) Contractor Employee Protection Program, 10 C.F.R. Part 708. In these Motions, the Laboratory contends that the claims asserted by Janet Benson in OHA Case No. VWA-0044 are defective as a matter of law and should not be determined on the merits.(3) The Laboratory makes the following arguments in support of these Motions: (1) The Laboratory cannot be held liable for any acts of reprisal that occurred prior to September 23, 1994, the date it agreed to comply with Part 708 (OHA Case No. VBZ-0057); (2) Because the United States District Court for the Northern District of California entered summary judgment in favor of the Laboratory on claims filed by Ms. Benson under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et. seq. (Title VII), and the Americans with Disabilities Act, 42 U.S.C. §§ 12203 et. seq. (ADA), the doctrine of collateral estoppel precludes Ms. Benson from litigating her claims under Part 708 (OHA Case No.VBZ-0057); and (3) Ms. Benson’s claims concerning protected activities involving Building 415 must be dismissed because these claims were not filed timely or filed in the form that is required by the regulations (OHA Case No. VBZ-0058). For the reasons detailed below, the Laboratory’s Motions will be granted in part and denied in part.