Dolores Machuca v. Louis DeJoy, Postmaster General
Arbitration SocialSecurity ERISA EmploymentDiscrimina Privacy
Whether the Exhaustion of Administrative Remedies is allowing the United States Postal Service as an employer to discriminate against disabled employees
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