Legal Opinion

David Cook, Sr. v. United States Department of Labor

Court of Appeals for the Ninth Circuit

Decided January 24, 1983No. 81-7599PublishedCited by 18 opinions

1Per curiam

Plaintiff-appellant Cook contends that he was fired because of a physical handicap in violation of 29 U.S.C. § 834 and § 794. An Administrative Law Judge for the Department of Labor denied Cook’s claim for reinstatement and backpay. The Secretary did not modify or vacate the decision, and it became the decision of the Secretary pursuant to 20 C.F.R. § 676.91(f). Cook appeals pursuant to 29 U.S.C. § 817(a).

Cook worked for the City of Auburn, Washington, in a CETA funded position as jailer. This position entails stress and requires sufficient strength and stamina to restrain violent prisoners…

2Cases cited2 opinions

  1. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  2. Kling v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 1980

3Cited by18 opinions

  1. Robert D. Benson v. Northwest Airlines, Inc., Karen Pierce Harvey ArmstrongCourt of Appeals for the Eighth Circuit · 1995
  2. Irving August v. Offices Unlimited, Inc.Court of Appeals for the First Circuit · 1992
  3. Joyce Ann Beauford v. Father Flanagan's Boys' Home, Joyce Ann Beauford v. Father Flanagan's Boys' HomeCourt of Appeals for the Eighth Circuit · 1987
  4. Mario Echazabal v. Chevron Usa, Inc. Irwin Industries, Inc.Court of Appeals for the Ninth Circuit · 2003
  5. Doris L. Daubert v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1984

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