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Simple English definitions for legal terms

Pasula–Robinette test

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A quick definition of Pasula–Robinette test:

The Pasula-Robinette test is a legal principle used in cases where a miner claims they were retaliated against for filing a claim under the Mine Safety and Health Act. If the miner can show that they engaged in a protected activity and that an adverse employment action occurred because of that activity, they have established a prima facie case of retaliation. However, the mine operator can still win the case by proving that the adverse action was based on the miner's unprotected activity and that they would have taken the same action based solely on that activity.

A more thorough explanation:

The Pasula-Robinette test is a principle used in cases where a miner claims they have been retaliated against for filing a claim under the Mine Safety and Health Act. The test states that even if the miner has established a prima facie case of retaliation, the mine operator can still win the case by proving an affirmative defense.

The affirmative defense has three parts:

  1. The miner did not engage in a protected activity
  2. The adverse action was based on the miner's unprotected activity
  3. The mine operator would have taken the same action based solely on the unprotected activity

In order to establish a prima facie case of retaliation, the miner must show that they engaged in a protected activity and that an adverse employment action occurred as a result of that activity.

For example, if a miner files a complaint about unsafe working conditions and is then fired, they may claim that they were retaliated against for engaging in a protected activity. The mine operator could then use the Pasula-Robinette test to argue that the firing was based on the miner's unprotected activity, such as poor job performance, and that they would have been fired regardless of the complaint.

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[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
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