Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1979
• Part Title: Procedures for the Handling of Discrimination Complaints Under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21ST Century
• Subpart: B
• Subpart Title: Litigation
• Standard Number: 1979.109
• Title: Decision and orders of the administrative law judge.
• GPO Source: e-CFR


1979.109(a)
The decision of the administrative law judge will contain appropriate findings, conclusions, and an order pertaining to the remedies provided in paragraph (b) of this section, as appropriate. A determination that a violation has occurred may only be made if the complainant has demonstrated that protected behavior or conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered if the named person demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of any protected behavior. Neither the Assistant Secretary's determination to dismiss a complaint without completing an investigation pursuant to § 1979.104(b) nor the Assistant Secretary's determination to proceed with an investigation is subject to review by the administrative law judge, and a complaint may not be remanded for the completion of an investigation or for additional findings on the basis that a determination to dismiss was made in error. Rather, if there otherwise is jurisdiction, the administrative law judge shall hear the case on the merits.
1979.109(b)
If the administrative law judge concludes that the party charged has violated the law, the order shall direct the party charged to take appropriate affirmative action