a prima facie showing that any behavior described in subsection (a), (b), or (c) was a contributing factor in the unfavorable personnel action alleged in the complaint. (ii) Showing by employer Notwithstanding a finding by the Secretary of Labor that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. (iii) Criteria for determination by Secretary of Labor The Secretary of Labor may determine that a violation of subsection (a), (b), or (c) has occurred only if the complainant demonstrates that any behavior described in subsection (a), (b), or (c) was a contributing factor in the unfavorable personnel action alleged in the complaint. (iv) Prohibition Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. (3) Final order (A) Deadline for issuance