Alaska Employment Law

Donald Bennett, a Deputy U. S. Marshal in Fairbanks, alleged that the government discriminated against him because of his disability (diabetes), after he failed an annual blood glucose test.  Because the Marshals Service had no appropriate light duty, Bennett took nine months of sick and annual leave.  Bennett sued under the Rehabilitation Act, the Back Pay Act, and the common law.  The case was assigned to an out-of-district judge, Robert Ryan.

Rehabilitation Act: Judge Ryan held that Bennett had failed to timely exhaust administrative remedies under the Rehabilitation Act (which incorporates Title VII procedures), by failing to contact an agency EEO counselor within 45 days.  Because Bennett had no excuse for the untimely contact (the agency had posted notice of the time limits, etc.), Ryan dismissed the RA claim for lack of subject matter jurisdiction. 

Ryan also held that the only proper defendant was the Attorney General.

Tort claim:  Bennett also sued all defendants (the Attorney General and various subordinates), alleging that they “acted in concert in discriminating against” him.  Ryan held: “The RA provides the exclusive means of redressing disability discrimination in federal employment.” 

Back Pay Act:  Bennett relied on the BPA for relief, not as an independent basis for jurisdiction.  Ryan held that Bennett’s failure to exhaust his administrative remedies under the RA precluded him from relief under the BPA.

In sum, Ryan dismissed all claims with prejudice, and denied Bennett’s motion to transfer his Back Pay Act claim to the Court of Federal Claims.

Bennett v. Mukasey, 2008 WL 818983 (D.Alaska Mar. 25, 2008)

Cory Borgeson of Borgeson & Burns in Fairbanks represented Bennett.  Dan Cooper from the U. S. Attorney’s Office in Anchorage represented the various defendants.