Legal Opinion

Constance Guice-Mills v. Edward J. Derwinski, Secretary of the Department of Veterans Affairs

Court of Appeals for the Second Circuit

Decided June 24, 1992No. 1310, Docket 91-6301PublishedCited by 45 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Constance Guice-Mills appeals from an adverse decision after a three-day bench trial before Judge Bernard Newman. * He held that she had not been the subject of handicap discrimination by the Veterans Administration Hospital at Montrose, New York. We agree with Judge Newman that Guice-Mills’ medical condition rendered her not “otherwise qualified” to satisfy the justified requirements for a head nurse position. Moreover, the hospital’s offer to reassign her to the position of staff nurse for a shift compatible with her medical condition and at no decrease in grade,…

2Cases cited5 opinions

  1. Doe v. New York UniversityCourt of Appeals for the Second Circuit · 1981
  2. Odis D. Hall v. United States Postal Service Paul N. Carlin and Chester ColeCourt of Appeals for the Sixth Circuit · 1988
  3. Joyner v. DumpsonCourt of Appeals for the Second Circuit · 1983
  4. Guice-Mills v. DerwinskiDistrict Court, S.D. New York · 1991
  5. Rhone v. US Dept. of ArmyDistrict Court, E.D. Missouri · 1987

3Cited by45 opinions

  1. Lori L. Vande Zande v. State of Wisconsin Department of Administration, James R. Klauser, Lee MartinsonCourt of Appeals for the Seventh Circuit · 1995
  2. Kathleen Borkowski v. Valley Central School DistrictCourt of Appeals for the Second Circuit · 1995
  3. McMillan v. City of New YorkCourt of Appeals for the Second Circuit · 2013
  4. Irving August v. Offices Unlimited, Inc.Court of Appeals for the First Circuit · 1992
  5. Donald Jackson v. Veterans Administration, Administrator of Veterans AffairsCourt of Appeals for the Eleventh Circuit · 1994

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