A former employee’s discrimination federal lawsuit against the management and operations contractor for the Energy Department’s Savannah River Site has been dismissed due to a lack of sufficient evidence.
Now, Savannah River Nuclear Solutions (SRNS) is trying to recover just over $900 from the former plaintiff to cover costs associated with printing documentation for the case. But Steven Baxley countered Wednesday he shouldn’t have to pay anything because he had a valid reason for suing his onetime employer.
Baxley retired on Oct. 31, 2016, after more than 25 years of working at the Savannah River National Laboratory in South Carolina, which SRNS took over in 2008 as part of its multibillion-dollar M&O contract for the Savannah River Site. Most recently, he was a production operator.
In his March 2016 lawsuit, Baxley said SRNS discriminated against him due to his sleep apnea, which causes the patient to stop breathing during sleep. The condition restricted him from working nights, according to the lawsuit. While SRNS initially tried to accommodate him, it eventually said he would have to work nights or be fired, Baxley said. SRNS denied those claims, and also denied that Baxley was forced into retirement.
The lawsuit sought back pay with interest, payment for past and future benefits, front pay, and payment of medical bills, damages, and attorney fees and costs.
The suit is considered a Title IX case, which deals with issues of discrimination. In many such cases, a magistrate court judge first hears the arguments, then makes a recommendation. Magistrate Judge Thomas Rogers recommended on Jan. 19 the suit be dismissed because Baxley could not provide sufficient evidence for his claims.
U.S. District Judge J. Michelle Childs adopted the recommendation on Monday, granting SRNS’ motion for summary judgment and dismissing the case.
Baxley has not challenged the ruling, and his attorney did not respond to a request for comment.
After SRNS filed a motion for miscellaneous relief, Baxley’s team filed an objection on the same day.
Baxley’s attorney, Joshua Howle, wrote in the objection his client shouldn’t have to pay the $908.45 because “he had reasonable grounds for filing his claims and that there exists issues of material facts which were in dispute.”
He added, “In the event that the court determines that the request is reasonable and is not outside the scope of the rule, the Plaintiff will pay a reasonable amount as ordered to the Defendant.”
It is unclear when Childs will rule on the matter.
Savannah River Nuclear Solutions is a partnership of Fluor, Honeywell, and Stoller Newport News Nuclear. Its missions at the Savannah River Site encompass cleanup, building deactivation and decommissioning, tritium production for nuclear weapons, and operation of the Savannah River National Laboratory.
The company’s $9.5 billion contract with the Energy Department is set to expire on July 31 of this year, though DOE may have to extend that deal since the agency has yet to select a successor. The draft solicitation for the new contract is expected to be released this month.
