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WILLIAMS v. ADMINISTRATIVE REVIEW BD.

No. 03-60028.

376 F.3d 471 (2004)

John R. WILLIAMS, Joe McQuay, Norman Olguin, Gilbert Rodriguez, Tom Byrd, and Stephen Sottile, Petitioners, v. ADMINISTRATIVE REVIEW BOARD, United States Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

July 15, 2004.

Attorney(s) appearing for the Case

Thad M. Guyer, Gregory Alan Wolk (argued), Government Accountability Project, Seattle, WA, for Petitioners.

Paul L. Frieden, Edward D. Sieger (argued), Howard M. Radzely, Lynn Saunders McIntosh, U.S. Dept. of Labor, Washington, DC, for Respondent.

Rebecca Siegel Singer (argued), Terry G. Greenberg, Singer & Greenberg, Dallas, TX, for BWXT Pantex LLC, Intervenor.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Employees of Mason & Hanger Corporation ("Mason") sued under 42 U.S.C. § 5851 alleging they were subjected to a hostile work environment in retaliation for their whistle-blowing activities. The Administrative Review Board, United States Department of Labor ("ARB"), denied recovery to the plaintiffs. We conclude that the ARB erred in finding that the standard developed by the Supreme Court in Burlington Industries v. Ellerth...

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