A federal lawsuit accusing the management contractor at the Department of Energy’s Savannah River Site of forcing a worker to retire due to his sleep apnea should be dismissed, according to a U.S. magistrate judge.
Judge Thomas Rogers wrote in his Jan. 19 recommendation that Steven Baxley, a former employee of Savannah River Nuclear Solutions (SRNS), did not provide sufficient evidence to support his request for monetary compensation and other relief in his March 2016 lawsuit in U.S. District Court for South Carolina.
Now that Rogers has provided a recommendation, District Judge J. Michelle Childs will issue a ruling.
Baxley was first hired at Savannah River in 1989 and was most recently a production operator. In 2009, he was diagnosed with sleep apnea, a condition that causes patients to stop breathing during sleep. Baxley’s doctor placed him on a medical restriction under which he was not to work at night, according to the suit.
Savannah River Nuclear Solutions switched Baxley to a day shift, but subsequently told him he would need to work nights for two months to complete a training program. The lawsuit details a series of meetings in which Baxley discussed options for employment with higher-ranking SRNS officials. The contractor said in court filings it could not find a suitable alternative for Baxley, but denied he was told he would be let go for medical reasons. The contractor also denies forcing Baxley to retire and a host of other allegations, and in March 2017 asked that the case be dismissed.
Baxley did retire on Oct. 31, 2013. His suit seeks back pay with interest, payment for past and future benefits, front pay, and payment of medical bills, damages, and attorney fees and costs.
The two sides have until Feb. 2 to file a response to the recommendation. From there, Childs will take the recommendation into consideration as she decides whether to dismiss the case.
