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KAHN v. U.S. SECRETARY OF LABOR

No. 94-3751.

64 F.3d 271 (1995)

John KAHN, Petitioner, v. UNITED STATES SECRETARY OF LABOR, Respondent, and Commonwealth Edison Company, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1995.

As Modified September 7, 1995.

Attorney(s) appearing for the Case

Stephen M. Kohn, Veronica Leon (argued), Kohn, Kohn & Colapinto, Washington, DC, for John Kahn.

Jon I. Fieldman, Sidley & Austin, Chicago, IL, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Joan Brenner (argued), Monica Gallagher, William J. Stone, Thomas S. Williamson, Jr., Dept. of Labor, Office of Sol., Washington, DC, for Dept. of Labor.

Glenn D. Newman, Carolyn Kohn Winick (argued), Commonwealth Edison Co., Chicago, IL, for Commonwealth Edison Co.

Before POSNER, Chief Judge, RIPPLE, Circuit Judge, and NORGLE, District Judge.

NORGLE, District Judge.

Commonwealth Edison ("ComEd") constructively discharged John Kahn ("Kahn"), a Quality Control Auditor assigned to its Zion, Illinois, nuclear station. Kahn claims that this termination violated the Energy Reorganization Act ("ERA" or the "Act"), 42 U.S.C. § 5851, which protects so-called "whistle-blowers" from discrimination due to their employment-related activities. After a hearing, an Administrative Law Judge ("ALJ") concluded that...

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