[Download] "Leroy Gilbert v. - Anthony M. Frank" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Leroy Gilbert v. - Anthony M. Frank
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 27, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiff Leroy Gilbert appeals from a final judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, dismissing his complaint alleging that defendant Anthony M. Frank, in his capacity as Postmaster General of the United States Postal Service ("Postal Service"), discriminated against him in employment because of his physical handicap, in violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. ? 701 et seq. (1988) (the "Act"). Following a bench trial of issues as to liability, the district court found that, within the meaning of the Act, Gilbert was not handicapped and was not "otherwise qualified" for the position he sought. On appeal, Gilbert principally challenges these findings. Though we do not agree with the courts finding of no handicap, we conclude that Gilbert had not presented a prima facie case because he did not show that he was otherwise qualified for the position. We therefore affirm the judgment dismissing the complaint.