Legal Opinion

Smith v. United States Postal Service

District Court, E.D. Michigan

Decided September 16, 1983No. Civ. A. 82-60328PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

The principle question in this case is whether or not a private civil action for employment discrimination on the basis of handicap can be maintained against the United States Postal Service, a quasi-executive agency, under 29 U.S.C. § 794 (the Rehabilitation Act).

FACTS

The facts in this case are uncontroverted. Plaintiff decided in 1979 that he wanted to be a mailman. To that end, he took the Civil Service Examination, which he passed, and a physical examination, which he also passed. He was then hired as a mail handler. However, before he…

2Cases cited14 opinions

  1. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  2. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  3. George Dunbar Prewitt, Jr. v. United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1981
  4. Miener v. State Of MissouriCourt of Appeals for the Second Circuit · 1982
  5. Clinton C. Simpson v. Reynolds Metals Company, Inc.Court of Appeals for the Seventh Circuit · 1980

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3Cited by6 opinions

  1. Walter D. McGuinness v. United States Postal Service, Felix J. Jackson, and A.A. Winslow, DefendantsCourt of Appeals for the Seventh Circuit · 1984
  2. Patrick E. Smith, Jr. v. United States Postal ServiceCourt of Appeals for the Sixth Circuit · 1985
  3. MacKay v. United States Postal ServiceDistrict Court, E.D. Pennsylvania · 1985
  4. DesRoches v. United States Postal ServiceDistrict Court, D. New Hampshire · 1986
  5. Rivera Flores v. Puerto Rico Telephone Co.District Court, D. Puerto Rico · 1991

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