10 C.F.R. § 708.29 What must the parties to a complaint prove?
Title 10 - Energy
The employee who files a complaint has the burden of establishing by a preponderance of the evidence that he or she made a disclosure, participated in a proceeding, or refused to participate, as described under §708.5, and that such act was a contributing factor in one or more alleged acts of retaliation against the employee by the contractor. Once the employee has met this burden, the burden shifts to the contractor to prove by clear and convincing evidence that it would have taken the same action without the employee's disclosure, participation, or refusal.
Title 10: Energy
PART 708—DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM
Subpart C—Investigation, Hearing and Decision Process
§ 708.29 What must the parties to a complaint prove?
