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An entrance to the Savannah River Site, a federal nuclear complex near New Ellenton and Jackson.

An Aiken County man has sued Savannah River Nuclear Solutions, alleging the management-and-operations contractor at the Savannah River Site both discriminated and retaliated against him following two cancer diagnoses, a monthslong leave of absence for treatment, and his submission of a so-called notice of concern.

Richard Lusby, who, according to his court complaint, began working at the Savannah River Site in 1991, sued the lead contractor in early February. An updated complaint was submitted later that month.

Lusby alleges he was unfairly booted from a job at L-Area – a spent nuclear fuel storehouse at the Savannah River Site – during a 2012 "budget crisis." Someone less experienced and lacking proper certifications took over, according to the court complaint, and Lusby in his new position made thousands of dollars less every year.

After filing a related grievance in 2013, Lusby was not selected for at least 14 other positions, according to his complaint. Lusby has also accused Savannah River Nuclear Solutions President and CEO Stuart MacVean of attacking his performance and skills.

Lusby filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission in early 2019, his complaint states. The EEOC enforces federal laws that make it illegal to discriminate against a person due to race, religion, sex and age, among other factors.

The commission issued Lusby a right-to-sue notice – standard practice, more or less.

The crux of Lusby's case, it seems, is the Americans with Disabilities Act of 1990, the nation's first comprehensive civil rights law addressing the needs of people with disabilities.

"Following plaintiff's return from medical leave while pursuing chemotherapy treatments, plaintiff began being treated less favorably than his counterparts without a recognized and/or perceived disability," Lusby's complaint reads.

Savannah River Nuclear Solutions has for about a decade been the lead contractor at the 310-square-mile Savannah River Site south of Aiken.

Lusby is seeking damages and legal fees, among other things. A jury trial was requested.


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