9th Cir. Finds Fit-For-Duty Firing at Nuclear Site Reviewable

A nuclear waste site operator’s firing of a security guard who used prescription painkillers is subject to judicial review, unlike similar kinds of security clearance decisions by federal agencies, a US appeals court found.

Battelle Energy Alliance failed to undo its former employee’s partial lower-court win on retaliation and discrimination claims, as a panel of the US Court of Appeals for the Ninth Circuit ruled against the company and affirmed the district court Thursday.

The company revoked security officer Roman T. Gonzales’ fitness-for-duty certification in 2018, after his supervisors raised concerns about his long-time use of opioid painkillers due to ...