A former employee of the Savannah River Site’s management and operations contractor will have an opportunity on March 27 to make the case why her discrimination lawsuit should be sustained after a federal judge it be thrown out.
The motion hearing in U.S. District Court in Columbia, S.C., will also allow Savannah River Nuclear Solutions to further make the case for its request to have the lawsuit dismissed.
Steven Baxley retired on Oct. 31, 2016, after more than 25 years at the contractor, most recently as a production operator. In his lawsuit, filed in March 2016, he said he was the victim of discrimination linked to his sleep apnea condition.
In the lawsuit, Baxley said he was diagnosed in 2009 with sleep apnea, a condition that causes the patient 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.
Court filings state SRNS initially tried to accommodate Baxley by switching his schedule. But Baxley alleges the contractor told him he would either have to work at night for training, or he would be fired for medical reasons. SRNS denies that allegation, as well as Baxley’s assertion that he was forced to retire.
The lawsuit 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 presiding judge in the case, District Judge J. Michelle Childs, will hear testimony later this month after Magistrate Judge Thomas Rogers recommended in a Jan. 19 filing that the case be thrown out. Childs first told the parties in June 2016 to have a magistrate judge look into the case to see if they could handle the matter informally.
It was not immediately known when Childs would rule on the matters.
