English v. General Electric Co.

496 U.S. 72, 110 S. Ct. 2270, 110 L. Ed. 2d 65, 1990 U.S. LEXIS 2892, 58 U.S.L.W. 4679, 5 I.E.R. Cas. (BNA) 609, 113 P.U.R.4th 97, 14 OSHC (BNA) 1609
Supreme Court of the United States·Decided June 4, 1990·No. 89-152·Published·Cited by 1,369 cases

Opinion

Justice Blackmun

delivered the opinion of the Court.

In the particular context of this case we must decide whether federal law pre-empts a state-law cause of action for intentional infliction of emotional distress. The suit is brought by an employee of a nuclear-fuels production facility against her employer and arises out of actions by the employer allegedly taken in retaliation for the employee’s nuclear-safety complaints.

I

Petitioner Vera M. English was employed from 1972 to 1984 as a laboratory technician at the nuclear-fuels production facility operated by respondent General Electric Company (GE) in Wilmington, N. C. In February 1984, petitioner complained to GE’s management and to the Nuclear Regulatory Commission (NRC) about several perceived violations of nuclear-safety standards at the facility, including *75 the failure of her co-workers to clean up radioactive material spills in the laboratory.

Frustrated by the company’s failure to address her concerns, petitioner on one occasion deliberately failed to clean a work table contaminated with a uranium solution during a preceding shift. Instead, she outlined the contaminated areas with red tape so as to make them conspicuous. A few days later, petitioner called her supervisor’s attention to the marked-off areas, which still had not been cleaned. As a result, work was halted while the laboratory was inspected and cleaned.

Shortly after this episode, GE charged petitioner with a knowing failure to clean up radioactive contamination and temporarily assigned her to other work. On April 30, 1984, GE’s management informed petitioner that she would be laid off unless, within 90 days, she successfully bid for a position in an area of the facility where she would not be exposed to nuclear materials. On May 15, petitioner was notified of the company’s final decision affirming the disciplinary action taken against her. Petitioner did not find another position by July 30, and her employment was terminated. 1

In August, petitioner filed a complaint with the Secretary of Labor charging GE with violating § 210(a) of the Energy Reorganization Act of 1974, as added, 92 Stat. 2951, 42 U. S. C. § 5851(a) (1982 ed.), which makes it unlawful for an employer in the nuclear industry to

“discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee . . .
“(1) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under, this Act or the Atomic Energy Act of 1954, as *76 amended, or a proceeding for the administration or enforcement of any requirement imposed under this Act or the Atomic Energy Act of 1954, as amended;
“(2) testified or is about to testify in any such proceeding or;
“(3) assisted or participated or is about to assist or participate in any manner in such a proceeding . . . or in any other action to carry out the purposes of this Act or the Atomic Energy Act of 1954, as amended.” 2

In her charge, petitioner alleged that GE’s actions constituted unlawful employment discrimination in retaliation for her nuclear-safety complaints to GE’s management and to the NRC. An Administrative Law Judge (ALJ) to whom the matter was referred found that GE had violated § 210(a) when it transferred and then discharged petitioner. The Secretary, however, dismissed the complaint as untimely because it had not been filed, as required by § 210(b)(1), within 30 days after the May 15 notice of the company’s final decision. 3

*77 In March 1987, petitioner filed a diversity action against GE in the United States District Court for the Eastern District of North Carolina. Petitioner in four counts raised two claims, one for wrongful discharge and one for intentional infliction of emotional distress. 4 With respect to the latter, petitioner alleged that she was suffering from severe depression and emotional harm as a result of GE’s “extreme and outrageous conduct.” App. 20. Petitioner alleged that, in addition to transferring and ultimately firing her, GE (1) had removed her from the laboratory position under guard “as if she were a criminal,” id., at 14; (2) had assigned her to degrading “make work” in her substitute assignment, ibid.; (3) had derided her as paranoid; (4) had barred her from working in controlled areas; (5) had placed her under constant surveillance during working hours; (6) had isolated her from coworkers, even during lunch periods; and (7) had conspired to charge her fraudulently with violations of safety and criminal laws. Id., at 14-17. Petitioner sought punitive as well as compensatory damages.

Although the District Court concluded that petitioner had stated a valid claim for intentional infliction of emotional distress under North Carolina law, it nonetheless granted GE’s motion to dismiss. 683 F. Supp. 1006, 1017-1018 (1988). The court did not accept GE’s argument that petitioner’s claim fell within the field of nuclear safety, a field that, according to GE, had been completely pre-empted by the Federal Government. The court held, however, that petitioner’s claim was pre-empted because it conflicted with three particular aspects of § 210: (1) a provision that bars recovery under the section to any employee who “deliberately causes a violation of any requirement of [the Energy Reorga *78 nization Act,] or of the Atomic Energy Act,” § 210(g); (2) the absence of any provision generally authorizing the Secretary to award exemplary or punitive damages; and (3) the provisions requiring that a whistle-blower invoking the statute file an administrative complaint within 30 days after the violation occurs, and that the Secretary resolve the complaint within 90 days after its filing. See §§ 210(b)(1) and (b)(2)(A). In the court’s view, Congress enacted this scheme to foreclose all remedies to whistle-blowers who themselves violate nuclear-safety requirements, to limit exemplary damages awards against the nuclear industry, and to guarantee speedy resolution of allegations of nuclear-safety violations— goals the court found incompatible with the broader remedies petitioner sought under state tort law.

The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of petitioner’s emotional distress claim on the basis of the District Court’s reasoning. 871 F. 2d 22, 23 (1989). That court concluded that Congress had intended to foreclose nuclear whistle-blowers from pursuing state tort remedies and stated its belief that the District Court “correctly identified and applied the relevant federal and state law.” Id., at 23. Because of an apparent conflict with a decision of the First Circuit, see Norris v. Lumbermen’s Mutual Casualty Co., 881 F.

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English v. General Electric Co., 496 U.S. 72, 110 S. Ct. 2270, 110 L. Ed. 2d 65, 1990 U.S. LEXIS 2892, 58 U.S.L.W. 4679, 5 I.E.R. Cas. (BNA) 609, 113 P.U.R.4th 97, 14 OSHC (BNA) 1609 (1990).

496 U.S. 72 (English v. General Electric Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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