Tuesday, September 2nd, 2008...7:51 am
9th Cir: ADA Discrimination and Retaliation Claims
The 9th Circuit has reviewed Judge James Singleton’s rulings on ADA claims made by an FAA Flight Data Specialist at the Anchorage Air Route Traffic Control Center.
The panel reversed Singleton’s determination that the FAA retained sovereign immunity from an ADA retaliation claim, relying on last Term’s opinion in Gomez-Perez v. Potter, 128 S.Ct. 1931 (2008). The panel affirmed Singleton’s holding that the FAA employee had failed to present an ADA promotion claim (he failed to show he was qualified or eligible for the position) or an ADA claim for denial of an extension of a work detail (untimely filed administrative complaints).
Whitman v. Mineta, 2008 WL 401446 (9th Cir. Sept. 2, 2008)
The employee plaintiff is pro se. August Flentje from the DOJ in Washington, DC, represents the FAA.
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