Nihiser v. Ohio Environmental Protection Agency

MEMORANDUM OPINION

GRAHAM, District Judge.

This is an action under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 1211, et seq., and the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §§ 791-794. Plaintiff contends that defendant violated these statutory provisions when it allegedly failed to accommodate his disability, a back injury, thereby occasioning plaintiffs resignation and constructive discharge.

This matter is before the court on the October 10, 1996 motion to dismiss filed by defendant Ohio Environmental Protection Agency. Defendant, an agency of the state of…