A federal lawsuit accusing the management contractor at the Savannah River Site of forcing a worker to retire due to his sleep apnea should be thrown out, according to a recommendation from 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 a March 2016 lawsuit in U.S. District Court for South Carolina.
Now that Rogers has provided a recommendation, U.S. District Judge J. Michelle Childs will take up the case.
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 causing 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 lawsuit.
Savannah River Nuclear Solutions switched Baxley to a day shift, but subsequently told him he would need to work nights for two months during a training program. The suit then 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 his allegation that 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. In March 2017 SRNS asked that the case be dismissed.
Baxley retired on Oct. 31, 2013. His 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.
Childs sought an opinion from Rogers before making a ruling. In his Jan. 19 recommendation, Rogers wrote that Baxley’s claims don’t hold up. Baxley failed to help SRNS find a solution, while the company acted in good faith by exploring other employment options, according to the magistrate.
“It appears that Plaintiff did not continue with the accommodations process and decided instead to retire because Defendant was not offering the accommodation he desired,” Rogers wrote. “For the reasons discussed above, it is recommended that Defendants’ Motion for Summary Judgment be granted, and this case dismissed in its entirety.”
The two sides have until Feb. 2 to file a response. From there, Childs will take the recommendation into consideration as she decides whether to dismiss the case.
Savannah River Nuclear Solutions is a partnership of Fluor, Honeywell, and Stoller Newport News Nuclear. Its contract, worth roughly $9.5 billion with option, expires on July 31. The Department of Energy has not started the competition for the next SRS management contract, or announced whether it will extend SRNS’ current deal.
