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.
