No. 21-92

Dolores Machuca v. Louis DeJoy, Postmaster General

Lower Court: Fifth Circuit
Docketed: 2021-07-23
Status: Denied
Type: Paid
Response Waived
Tags: ada administrative-exhaustion disability-discrimination employment hostile-work-environment postal-service-employment reasonable-accommodation reasonable-accommodations rehabilitation-act
Key Terms:
Arbitration SocialSecurity ERISA EmploymentDiscrimina Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Exhaustion of Administrative Remedies is allowing the United States Postal Service as an employer to discriminate against disabled employees

Question Presented (OCR Extract)

QUESTIONS PRESENTED Section 504, the Rehabilitation Act of 1973, 29 U.S.C. §701-96 et seq. (hereinafter, the “Rehabilitation Act”), prohibits discrimination against otherwise qualified individuals based on physical or mental disability. The Americans With Disabilities Act of 1990, as amended (hereinafter “ADA”), 42 U.S.C. §§ 12101-12102, et seq., §§1212112, et seq., and 42 U.S.C. § 12133 prohibits the discrimination of people with physical or mental disabilities that diminish a person’s right to fully participate in all aspects of society including the critical area of employment. The questions presented are: 1. Whether the Exhaustion of Administrative Remedies is allowing the United States Postal Service as an employer to discriminate against disabled employees. 2. Whether the United States Postal Service has the right to create a hostile work environment for a disabled employee based on the denial of reasonable accommodations recommended by his physician. 3. Whether United States Postal Service employees have remedies available to them based on disability discrimination, retaliation, and hostile work environment. i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-30
Waiver of right of respondent Louis DeJoy, Postmaster General and Chief Executive Officer, United States Postal Service to respond filed.
2021-05-15
Petition for a writ of certiorari filed. (Response due August 23, 2021)

Attorneys

Dolores Machuca
Alfonso Kennard Jr.Kennard Law P.C., Petitioner
Alfonso Kennard Jr.Kennard Law P.C., Petitioner
Louis DeJoy, Postmaster General and Chief Executive Officer, United States Postal Service
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent