pasula–robinette test
Pasula–Robinette test. The principle that if a miner establishes a prima facie case of retaliation for filing a claim under the Mine Safety and Health Act, the mine operator can still prevail by proving, as an affirmative defense, that (1) the miner did not engage in a protected activity, (2) the adverse action was based on the miner’s unprotected activity, and (3) the mine operator would have taken the same action based solely on the unprotected activity. • To establish a prima facie case of retaliation, the evidence must show that the miner engaged in a protected activity and that an adverse employment action occurred based at least in part on that activity. 30 USCA § 815(c); Secretary ex rel. Pasula v. Consolidation Coal Co., 2 FMSHRC 2786 (1980); Secretary ex rel. Robinette v. United Coal Co., 3 FMSHRC 802 (1981).
