August 15, 2017 / 9:31 PM / a year ago

3rd Circuit tosses nuclear security guard's disability bias lawsuit

By Robert Iafolla A federal appeals court on Tuesday threw out a disability lawsuit brought by a former security guard at a nuclear power plant, saying he was not qualified to bring a claim under the American with Disabilities Act.

The 3rd U.S. Circuit Court of Appeals said that Daryle McNelis’ failure to meet the Nuclear Regulatory Commission’s requirements that security guards be fit for duty and be able to maintain unescorted security clearance meant that he could not bring a prima facie case under the ADA.

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