9th Cir.;
12-35924
The court of appeals affirmed in part and reversed in part a district court judgment. The court held that an employee satisfied the Energy Reorganization Act’s one-year administrative exhaustion “opt-out” period where he brought suit in federal district court more than one year after adequately identifying his employer as the respondent on his whistleblower claims. The court held further that the employee had no statutory jury trial right on his whistleblower claims under the Act, but that he did have a constitutional jury trial right for his claims seeking money damages.
