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Employment Discrimination – Disability – Rehabilitation Act – Hearing Loss

An Alexandria U.S. District Court declines to reconsider its earlier decision granting summary judgment to the federal government in a federal employee’s suit alleging disability discrimination pursuant to the Rehabilitation Act of 1973, based on his claim that his voluntary retirement from the U.S. Marshal Service amounted to a “constructive discharge” because it was based on his hearing loss.

This court already has found that no reasonable jury could find that plaintiff was a “qualified individual” with a “disability” within the meaning of the Rehabilitation Act. These arguments have been adjudicated and appealed and are currently pending before the 4th Circuit. This court finds plaintiff’s arguments have no more merit now than they did then. Nor has plaintiff demonstrated the presence of “exceptional circumstances” necessary to meet the threshold for a Rule 60(b) motion.

Motion for reconsideration denied.

Cochran v. Holder
(Cacheris, J.) No. 1:06cv1328, June 4, 2010; USDC at Alexandria, Va. VLW 010-3-302, 12 pp.

VLW 010-3-302

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