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McLean v. Runyon, 222 F.3d 1150 (9th Cir. August 25, 2000)
Keywords: Rehabilitation Act (reasonable accommodation, transfer to vacant position; damages, collateral source rule)
Introduction: Rodney McLean sued the Postal Service under the Rehabilitation Act for denial of a reasonable accommodation. A jury found in favor of McLean. The district court granted judgment as a matter of law for the Postal Service. The Ninth Circuit reverses.
Facts: McLean was a Mark-Up Clerk, which is classified as a "Postal Service" craft, level 4 (PS-4) position. His salary was $34,473.
Although McLean identified several vacant positions, the one the Court focuses on is an "executive appointment scheduled" (EAS) level 11 position. The salary range was from $29,630 to $36,390. The position was in Salem, Oregon -- which was within commuting distance of McLean's current location.
A personnel specialist for the Postal Service testified that McLean's PS-4 position is the equivalent of an EAS level 10 position. In other words, the transfer McLean sought would have been a promotion and the Postal Service is not required to give an employee a promotion as a reasonable accommodation.
1. Duty to transfer
2. Offset of front and back pay damages by amount received in FECA workers' compensation benefits
3. Click here to see actual case.
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