The Amentum-led environmental prime at the Department of Energy’s Oak Ridge Site in Tennessee has until April 2 to respond to a lawsuit by a former employee who claims he was fired in 2019 because of disability and whistleblower retaliation.
Lawyers for plaintiff Christopher Hicks and defendant United Cleanup Oak Ridge (UCOR) agreed to the extension in a motion earlier this month in U.S. District Court for Eastern Tennessee.
The case is overseen by U.S. District Judge Katherine Crytzer and Magistrate Judge Debra Poplin, after being filed by Hicks in January, according to online court records.
“UCOR retaliated against Mr. Hicks for reporting conditions on the worksite that he reasonably believed were evidence of gross mismanagement of a federal contract, a gross waste of federal funds, an abuse of authority relating to a federal contract, and/or constituted substantial and specific danger to employees and to public health or safety related to a federal contract,” according to the complaint.
Hicks worked for UCOR 11 years before being fired in April 2019, shortly after he observed “improper dumping of potentially contaminated rainwater,” and reported it to a foreman, according to the suit.
The Equal Employment Opportunity Commission granted Hicks a notice of right to sue in November 2023. Hicks said the commission found merit to his claims of being fired in violation of the Americans with Disabilities Act.
While working at UCOR, Hicks made “protected disclosures” as part of a whistleblower complaint filed with DOE’s Office of Inspector General. In July 2023 DOE’s Office of Hearings and Appeals found Hicks’ whistleblowing contributed to his firing.
The Hearings and Appeals office also found “UCOR would have discharged Mr. Hicks anyway because of his disability,” according to the complaint.
Hicks hurt his back on the job in October 2017. Despite chronic pain and a permanent restriction against lifting more than 40 pounds, Hicks still performed multiple tasks and rarely took time off because of the injury, according to the complaint.
UCOR initially approved and then rescinded Hicks’ eligibility for a higher-paying, less physically demanding job, according to the lawsuit. The complaint states in April 2018 Hicks was moved to a Technetium 99 project and started making health and safety-related disclosures about asbestos handling and other issues.
Hicks is seeking damages including reinstatement and backpay.
