(DOWNLOAD) "Johnson v. Shalala" by Fourth Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Johnson v. Shalala
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 20, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
WILKINSON, Circuit Judge: In this case we must ask when an employer's failure to accommodate an employee under the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., amounts to a constructive discharge of that employee. Dr. Sharon Johnson left her employment with the National Institutes of Health; she now claims that she was constructively discharged from her job. The district court agreed, holding that NIH had constructively discharged Dr. Johnson because her supervisors knew of her handicapped condition but failed to give her the accommodation that she requested and to which she was entitled under the Rehabilitation Act. We believe that this legal standard would convert every violation of the Rehabilitation Act into a potential claim for constructive discharge. Applying the proper standard for constructive discharge, we find no evidence that NIH intended to force Johnson to resign, and accordingly we reverse the judgment of the district court.
 "Johnson v. Shalala" by Fourth Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free){kind=link}