Legal Definitions - Pasula–Robinette test

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.