Richard A. Bower v. Federal Express Corporation

BOGGS, Circuit Judge.

This case presents a statutory interpretation issue of first impression arising under the Air Carriers Access Act of 1986 (“ACAA”). Richard A. Bower, a handicapped individual, appeals from the district court’s dismissal of his employment benefits discrimination complaint under Fed.R. 12(b)(6) for failure to state a claim upon which relief can be granted and we now reverse.

I

Most of the facts in this case are uncontro-verted, having been stipulated to by the ' parties. Federal Express Corporation (“FedEx”) provides to its employees the fringe benefit of riding “jumpseat,”…