No. 78-1870.

445 U.S. 1 (1980)


Supreme Court of United States.

Decided February 26, 1980.

Attorney(s) appearing for the Case

Robert E. Mann argued the cause for petitioner. With him on the briefs were Ronald J. Hein, Jr., and Mark A. Lies II.

Solicitor General McCree argued the cause for respondent. With him on the brief were Deputy Solicitor General Geller, Edwin S. Kneedler, Benjamin W. Mintz, and Dennis K. Kade.*

Briefs of amici curiae urging affirmance were filed by Warren Spannaus, Attorney General, and Steven M. Gunn and Sharon L'Herault, Special Assistant Attorneys General, for the State of Minnesota; by J. Albert Woll, Elliott Bredhoff, John Fillion, George H. Cohen, Robert M. Weinberg, Laurence Gold, and George Kaufmann for the American Federation of Labor and Congress of Industrial Organizations et al.; and by Michael Churchill for the Philadelphia Area Project on Occupational Safety and Health.

Jeffrey B. Schwartz filed a brief for the American Public Health Association as amicus curiae.

MR. JUSTICE STEWART delivered the opinion of the Court.

The Occupational Safety and Health Act of 1970 (Act)1 prohibits an employer from discharging or discriminating against any employee who exercises "any right afforded by" the Act.2 The Secretary of Labor (Secretary) has promulgated a regulation providing that, among the rights that the Act so protects, is the right of an employee to choose not to perform...

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