An employee of a nuclear services company who contracted cancer and has been ordered by his doctor to avoid working in radiological areas cannot sustain an American with Disabilities Act claim because there is no position with the company that does not require exposure to radiation, a federal judge in Buffalo has ruled.
Records show that Robert Timmel, who worked for West Valley Nuclear Services Co., was diagnosed with malignant lymphoma in 2003 and was subsequently directed to avoid working in any radiological area. In his reasonable accommodation claim, Mr. Timmel alleged the company refused to assign him to a position where he would not risk exposure.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]