POINT MUGU : Test Center Ordered to Reinstate Worker
An administrative law judge has ruled in favor of a civilian sheet-metal worker who was fired from the Pacific Missile Test Center.
Robert Cruz, 34, said he was fired July 30 because his supervisors discovered he had tested positive for the AIDS virus, and that the firing constituted discrimination against the handicapped. But Point Mugu Test Center officials said Cruz was discharged because he threatened his supervisors.
“It was a close case, but we decided that the charges of threat did not meet the criteria of what is considered a legal threat,” said Denis Marachi, chief administrative judge for the Merit Systems Protection Board. Judge Anthony Ellison made the Dec. 10 ruling.
However, Cruz did not provide enough evidence to support the allegations of handicapped discrimination, Marachi said.
Cruz was awarded his job, back pay and interim relief, meaning he must be given his salary during an appeal process if test center officials file for an appeal.
A decision regarding an appeal has not been made, said Gene Okamoto, spokesman for the Pacific Missile Test Center.
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