It reasonably can be expected that Respondent will be subject to similar proceedings in the future. In particular, Complainant must show that he engaged in protected activity, that he was subject to adverse action, and that Respondent was aware of the protected activity when it took the adverse action. Complainant also must present evidence sufficient to raise the inference that the protected activity was the likely reason for the adverse action. See Roadway Exp. Complainant made a prima facie showing.
Complainant is employed as a driver of commercial motor vehicles.
From Monday through Wednesday of each workweek, he drives local runs in the Cincinnati, Ohio area. On Thursdays and Fridays, he drives the long distance run between Cincinnati and Michigan. On Tuesday, December 12, he was assigned to drive locally. He refused that assignment because he had been instructed to rest for 24 hours following the onset of debilitating physical symptoms and because he had been given tranquilizing medication. 395.2 defining on duty time to include driving time.