I have worked many outages for many years....this question is for a man I work with. Is there any NRC regulations that state anything to the effect of......a persons employment can not be terminated because he can not work nuclear......or do you have to work nuclear outages. My employer is making it a mandatory to gain access and if you cant you are terminated. The employer gets about 15 percent of its work in from nukes. The employee has been with the employer for 3 years. Thanks!
Without a contract, the employee is employed at the will of the employer as well as himself. That is to say that neither is bound to the other. Therefore an employer may terminate an employee without cause at his own discretion. The employer can set the conditions of employment regarding the qualifications of the employee.
The inability to obtain access to a nuclear plant is not a protected class of individual unless it is the direct result of disability, race, sex, sexual orientation, religion, or veteran status.
The NRC does not regulate employment law. You could try the Department of Labor, the EEOC, or a state agency, but it won't help unless you can prove discrimination against the individual based on one or more of the aforementioned protected classes.
Keep in mind that mental illness is a disability if it negatively impacts the employee's ability to work. If there is a medical or mental condition that prevents the nuclear access of an otherwise qualified employee, the employer is required to make reasonable accommodation -- including but not limited to job transfer or reassignment. That is the only chance your guy has. If it is because of criminal history or drug use, no luck.
sounds like the boss man got a knew weigh to trim payroll.