John Doe v. The Salvation Army in the United States

OPINION

KAREN NELSON MOORE, Circuit Judge.

John Doe (“Doe”) sued the Salvation Army for employment discrimination under § 504 of the Rehabilitation Act when one of its adult rehabilitation centers refused to hire him as a truck driver. The only issue on this appeal is whether Doe has satisfied the fourth element of a prima facie case under § 504 of the Rehabilitation Act, which requires a plaintiff to establish that the program or activity accused of discrimination is receiving federal financial assistance. The statutory definition of “program or activity” permits consideration of the whole…