Harding v. United States Postal Service

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the motion of the Defendants to dismiss or, in the alternative, for summary judgment. The Plaintiffs quite naturally oppose the motion. The parties have filed the appropriate memoranda of law and such have been carefully reviewed by the Court.

The Plaintiffs appear to have settled on a theory for their case. The Defendants note that the action is not brought under the Rehabilitation Act, 29 U.S.C. § 794a; the Plaintiffs do not allege that they are qualified handicapped employees or that they have exhausted…