Supreme Court of the United States · Official docket →
Dolores Machuca v. Louis DeJoy, Postmaster General
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50193 · judgment December 16, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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., §§12111- 12112, 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:
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Whether the Exhaustion of Administrative Remedies is allowing the United States Postal Service as an employer to discriminate against disabled employees.
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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.
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Whether United States Postal Service employees have remedies available to them based on disability discrimination, retaliation, and hostile work environment.
Counsel of record
For petitioner
Alfonso Kennard Jr.
Kennard Law P.C.
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 04 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 30 2021Waiver of right of respondent Louis DeJoy, Postmaster General and Chief Executive Officer, United States Postal Service to respond filed.
- May 15 2021Petition for a writ of certiorari filed. (Response due August 23, 2021)