Henry C. Harris v. David Adams United States Postal Serv., 873 F.2d 929 (6th Cir. 1989). · Go Syfert
Henry C. Harris v. David Adams United States Postal Serv., 873 F.2d 929 (6th Cir. 1989). Cases Citing This Book View Copy Cite
75 citation events (12 in the last 25 years) across 22 distinct courts.
Strongest positive: Kouider v. Parma City School District (ohnd, 2020-08-19)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Kouider v. Parma City School District
N.D. Ohio · 2020 · confidence medium
P. 56(a). 48 , 873 F.2d 929, 931 (6th Cir. 1989). 49 , 475 U.S. 574, 601 (1986). 50 , 68 F. Supp. 2d 853, 862 (N.D.
discussed Cited as authority (rule) Stansell v. Grafton Correctional Institution
N.D. Ohio · 2020 · confidence medium
Code § 2305.10.39 Both of these state statutes give a two-year statute-of-limitations period.40 34 , 873 F.2d 929, 931 (6th Cir. 1989). 35 , 475 U.S. 574, 601 (1986). 36 Doc. 35 at 3-8. 37 , 618 F.3d 533 , 536 (6th Cir. 2010); , No. 1:11 CV 1533, 2012 WL 76894 , at *4 (N.D.
discussed Cited as authority (rule) J & J PRODUCTIONS, INC. v. Schmalz
S.D. Ohio · 2010 · confidence medium
In response to a summary judgment motion properly supported by evidence, the non-moving party is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial. 60 Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Saint Torrance v. Firstar
S.D. Ohio · 2007 · confidence medium
In response to a summary judgment motion properly supported by evidence, the non-moving party is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial. 60 Ivy Street Corp., v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
cited Cited as authority (rule) Seay v. TVA
6th Cir. · 2003 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir. 1989).
cited Cited as authority (rule) Clarence Seay, Jr. v. Tennessee Valley Authority Craven Crowell
6th Cir. · 2003 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
discussed Cited as authority (rule) Fizer-Jordan v. Ziglar (2×) also: Cited "see"
E.D. Mich. · 2003 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
cited Cited as authority (rule) Mlay v. Internal Revenue Service
S.D. Ohio · 2001 · confidence medium
Sixty Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Ledbetter v. City of Topeka, Kan.
D. Kan. · 2000 · confidence medium
See Ledbetter v. Koss Constr., 981 F.Supp. 1394, 1398 (D.Kan.1997), affirmed in unpublished opinion *1242 No. 97-3362, 1998 WL 450847, at *2 (10th Cir. July 24, 1998); Luttrell v. Runyon, 3 F.Supp.2d 1181, 1187 (D.Kan.1998) (citing Antol v. Perry, 82 F.3d 1291, 1296-98 (3d Cir.1996) (no right of action under VEVRA)); Wikberg v. Reich, 21 F.3d 188, 189 (7th Cir.), cert. denied, 513 U.S. 961 , 115 S.Ct. 421 , 130 L.Ed.2d 336 (1994) (same); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (same); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21-22 (1st Cir.1988) (no private right of action u…
discussed Cited as authority (rule) Suazo v. Regents of Univ.
10th Cir. · 1998 · confidence medium
See Antol v. Perry , 82 F.3d 1291, 1296-98 (3d Cir. 1996) (VEVRA); Wikberg v. Reich , 21 F.3d 188, 189 (7th Cir. 1994) (VEVRA); Harris v. Adams , 873 F.2d 929, 931-32 (6th Cir. 1989) (VEVRA); Barron v. Nightingale Roofing, Inc. , 842 F.2d 20, 21-22 (1st Cir. 1988) (VEVRA); Utley v. Varian Assocs., Inc. , 811 F.2d 1279, 1284-86 (9th Cir. 1987) -5- (EO 11,246); Cohen v. Illinois Inst. of Tech. , 524 F.2d 818 , 822 n.4 (7th Cir. 1975) (EO 11,246); see also, e.g. , Lohf v. Runyon , No. 96-4088-RDR, 1998 WL 156894, at *7 (D.
discussed Cited as authority (rule) Isaac Suazo v. Regents of University of California, Doing Business as Los Alamos National Laboratory
10th Cir. · 1998 · confidence medium
See Antol v. Perry, 82 F.3d 1291, 1296-98 (3d Cir.1996) (VEVRA); Wikberg v. Reich, 21 F.3d 188, 189 (7th Cir.1994) (VEVRA); Harris v. Adams, 873 F.2d 929, 931-32 (6th Cir.1989) (VEVRA); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21-22 (1st Cir.1988) (VEVRA); Utley v. Varian Assocs., Inc., 811 F.2d 1279, 1284-86 (9th Cir.1987) (EO 11,246); Cohen v. Illinois Inst. of Tech., 524 F.2d 818 , 822 n. 4 (7th Cir.1975) (EO 11,246); see also, e.g., Lohf v. Runyon, No. 96-4088-RDR, 1998 WL 156894, at * 7 (D.Kan.
discussed Cited as authority (rule) Mitchell v. First Unum Life Insurance
S.D. Ohio · 1998 · confidence medium
In response to a summary judgment motion properly supported by evidence, the non-moving party is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial. 60 Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Luttrell v. Runyon
D. Kan. · 1998 · confidence medium
Antol v. Perry, 82 F.3d 1291, 1296-98 (3rd Cir.1996) (no right of action under VEVRA); Wikberg v. Reich, 21 F.3d 188, 189 (7th Cir.) cert. denied, 513 U.S. 961 , 115 S.Ct. 421 , 130 L.Ed.2d 336 (1994) (same); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (same); Barron v. Nightingale Roofing, Inc., 842 F.2d 20 (1st Cir.1988) (no private right of action under VEVRA against federal contractors); Taydus v. Cisneros, 902 F.Supp. 278, 282 (D.Mass.1995) (no right of action under VEVRA and VPA); Wilson v. Amtrak National Railroad Corp., 824 F.Supp. 55 (D.Md.1992) (same); Philippeaux v. North Cent…
discussed Cited as authority (rule) Persons v. Runyon
D. Kan. · 1998 · confidence medium
Antol v. Perry, 82 F.3d 1291, 1296-98 (3rd Cir.1996) (no right of action under VEVRA); Wikberg v. Reich, 21 F.3d 188,189 (7th Cir.) cert. denied, 513 U.S. 961 , 115 S.Ct. 421 , 130 L.Ed.2d 336 (1994)(same); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (same); Barron v. Nightingale Roofing, Inc., 842 F.2d 20 (1st Cir.1988) (no private right of action under VEVRA against federal contractors); Taydus v. Cisneros, 902 F.Supp. 278, 282 (D.Mass.1995) (no right of action under VEV-RA and VPA); Wilson v. Amtrak National Railroad Corp., 824 F.Supp. 55 (D.Md.1992) (same); Philippeaux v. North Centr…
discussed Cited as authority (rule) Lohf v. Runyon
D. Kan. · 1998 · confidence medium
Antol v. Perry, 82 F.3d 1291, 1296-98 (3rd Cir.1996) (no right of action under VEVRA); Wikberg v. Reich, 21 F.3d 188, 189 (7th Cir.) cert. denied, 513 U.S. 961 , 115 S.Ct. 421 , 130 L.Ed.2d 336 (1994)(same); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (same); Barron v. Nightingale Roofing, Inc., 842 F.2d 20 (1st Cir.1988)(no private right of action under VEVRA against federal contractors); Taydus v. Cisneros, 902 F.Supp. 278, 282 (D.Mass.1995)(no right of action under VEV-RA and VPA); Wilson v. Amtrak National Railroad Corp., 824 F.Supp. 55 (D.Md. 1992)(same); Philippeaux v. North Centra…
discussed Cited as authority (rule) Wado v. Xerox Corp.
W.D.N.Y. · 1998 · confidence medium
See Antol v. Perry, 82 F.3d 1291, 1298 (3d Cir.1996); Wikberg v. Reich, 21 F.3d 188, 189 (7th Cir.), cert. denied, 513 U.S. 961 , 115 S.Ct. 421 , 130 L.Ed.2d 336 (1994); Harris v. Adams, 873 F.2d 929, 931-32 (6th Cir.1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21-22 (1st Cir.1988); Dawkins v. Hudacs, No. 94-CV-1655, 1996 WL 12032 *4 n. 6 (N.D.N.Y.
cited Cited as authority (rule) Ledbetter v. Koss Construction
D. Kan. · 1997 · confidence medium
Harris v. Adams, 873 F.2d 929, 931-32 (6th Cir.1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20 (1st Cir.1988); Wilson v. Amtrak National Railroad Corp., 824 F.Supp. 55 (D.Md.1992).
cited Cited as authority (rule) Herman Holmes v. William J. Perry, Secretary of Defense
6th Cir. · 1996 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
examined Cited as authority (rule) Roger Monette and Doris Monette v. Electronic Data Systems Corporation (4×) also: Cited "see"
6th Cir. · 1996 · confidence medium
In Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989), we again recited the first two prongs of the Pushkin test when giving a “cursory review” to the plaintiffs disability discrimination claim.
cited Cited as authority (rule) Stefanovic v. University of Tennessee
E.D. Tenn. · 1996 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
discussed Cited as authority (rule) Karnes v. Runyon
S.D. Ohio · 1995 · confidence medium
PRIMA FACIE CASE OF DISABILITY DISCRIMINATION USPS argues that Ms. Karnes has failed to prove a prima facie case of disability discrimination because she cannot show that she is “an otherwise qualified handicapped person.” Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
discussed Cited as authority (rule) Sherman v. State
Wash. · 1995 · confidence medium
To establish a violation of the Act, the plaintiff must make a prima facie showing that: (1) he or she is a "handicapped individual" under the Act; (2) he or she is "otherwise qualified" for the position sought; (3) he or she has been excluded from the position solely by reason of his or her handicap; and (4) the position exists as part of a program or activity receiving federal financial assistance. 29 U.S.C. § 794 ; see, e.g., Chandler v. City of Dallas, 2 F.3d 1385, 1390 (5th Cir.1993), cert. denied, ___ U.S. ___, 114 S.Ct. 1386 , 128 L.Ed.2d 61 (1994); Harris v. Adams, 873 F.2d 929, 932 (…
discussed Cited as authority (rule) Sherman v. State
Wash. · 1995 · confidence medium
To establish a violation of the Act, the plaintiif must make a prima facie showing that: (1) he or she is a "handicapped individual” under the Act; (2) he or she is "otherwise qualified” for the position sought; (3) he or she has been excluded from the position solely by reason of his or her handicap; and (4) the position exists as part of a program or activity receiving federal financial assistance. 29 U.S.C. § 794 ; see, e.g., Chandler v. City of Dallas, 2 F.3d 1385, 1390 (5th Cir. 1993), cert. denied, 114 S. Ct. 1386 (1994); Harris v. Adams, 873 F.2d 929, 932 (6th Cir. 1989); Doe v. Ne…
discussed Cited as authority (rule) Madden v. Runyon
E.D. Pa. · 1995 · confidence medium
(Section 42,12 addresses employment under federal contracts while § 4214 addresses employment within the federal government.) See Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21 (1st Cir.1988).
discussed Cited as authority (rule) Olszonicki v. United States
N.D. Ohio · 1994 · confidence medium
“The moving party has the burden of showing the absence of any genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Pursifull v. United States
S.D. Ohio · 1993 · confidence medium
In response to a summary judgment motion properly supported by evidence, the non-moving party “is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial.” Sixty Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989). “[Ajfter a motion for summary judgment has been filed, thereby testing the resisting party’s evidence, a factual issue may not be created by filing an affidavit contradicting [one’s own] earlier deposition testimony.…
discussed Cited as authority (rule) Marla Halman Asher v. Riser Foods, Inc. American Seaway Foods, Inc. And John Doe, Supervisor
6th Cir. · 1993 · confidence medium
The burden is on the moving party to show "the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action." Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Sherwin-Williams Co. v. Certain Underwriters at Lloyd's London
N.D. Ohio · 1993 · confidence medium
“The moving party has the burden of showing the absence of any genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
cited Cited as authority (rule) Doe Ex Rel. Lavery v. Attorney General of the United States
N.D. Cal. · 1992 · confidence medium
See Norcross v. Sneed, 755 F.2d 113 , 117 n. 5 (8th Cir.1985); Harris v. Adams, 873 F.2d 929, 933 (6th Cir.1989); Leckelt v. Board of Comm’rs of Hosp.
discussed Cited as authority (rule) Montgomery v. Frank
E.D. Mich. · 1992 · confidence medium
The United States Court of Appeals for the Sixth Circuit has held that The plaintiff must establish a prima facie case by showing that he was an otherwise qualified handicapped person apart from his handicap, and he was rejected under circumstances which gave rise to the inference that his rejection was based solely on his handicap____ Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989).
discussed Cited as authority (rule) Laird v. Metropolitan Life Insurance
N.D. Ohio · 1992 · confidence medium
“The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Artice Dotson v. United States Postal Service and Anthony M. Frank, Postmaster General
6th Cir. · 1992 · confidence medium
See Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1989); Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989) (citing Jasany v. United States Postal Service, 755 F.2d 1244 , 1249 n. 5 (6th Cir.1985)) (adopting the Burdine test).
discussed Cited as authority (rule) Hill v. Judson Retirement Community
N.D. Ohio · 1991 · confidence medium
“The moving party has the burden of showing the absence of any genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Ungrady v. Burns International Security Services, Inc.
N.D. Ohio · 1991 · confidence medium
“The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Robinson v. N & C Construction Co.
N.D. Ohio · 1991 · confidence medium
“The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Massi v. Blue Cross & Blue Shield Mutual of Ohio
N.D. Ohio · 1991 · confidence medium
Sims v. Memphis Processors, Inc., 926 F.2d 524, 527-28 (6th Cir.1991) (citation omitted). *908 “The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Dotson v. United States Postal Service (2×)
E.D. Mich. · 1991 · confidence medium
Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989). *658 For purposes of handicap discrimination, the Burdine test requires that (1) [t]he plaintiff must establish a prima facie case by showing that he was an otherwise qualified handicapped person apart from his handicap, and he was rejected under circumstances which gave rise to the inference that his rejection was based solely on his handicap; (2) Once plaintiff establishes his prima facie case, defendants have the burden of going forward and proving that plaintiff was not an otherwise qualified handicapped person, that is one who is able to …
discussed Cited as authority (rule) MacMillan v. City of Rocky River
N.D. Ohio · 1990 · confidence medium
“The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited as authority (rule) Proffitt v. Anacomp, Inc.
S.D. Ohio · 1990 · confidence medium
In response to a summary judgment motion properly supported by evidence, the non-moving party “is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial.” Sixty Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987); Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989).
discussed Cited as authority (rule) Tom E. MacUrdy v. Sikov & Love, P.A.
6th Cir. · 1990 · confidence medium
“The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action.” Harris v. Adams, 873 F.2d 929, 931 (6th Cir.1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
discussed Cited "see" Peña v. Crowley American Transport, Inc.
D.P.R. · 2001 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989) (“[V]eterans who believe themselves to be victims of discrimination may complain to the Secretary of Labor, who enforces the VRA administratively [under] 38 U.S.C. section 2012 (b)”).
cited Cited "see" Heckman v. University of North Carolina
M.D.N.C. · 1998 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 931-32 (6th Cir.1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21-22 (1st Cir.1988); Wilson v. Amtrak Nat’l R.R.
discussed Cited "see" Phillips v. Merchants Insurance Group
N.D.N.Y. · 1998 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21-22 (1st Cir.1988); Stefanovic v. University of Tennessee, 935 F.Supp. 944, 948 (E.D.Tenn.1996); Brace v. Ohio State University, 866 F.Supp. 1069, 1073 (S.D.Ohio 1994); Wilson v. Amtrak National Railroad Corporation, 824 F.Supp. 55, 58 (D.Md.1992); Butler v. McDonnell-Douglas Saudi Arabia Corporation, 93 F.R.D. 384, 387-88 (S.D.Ohio 1981).
discussed Cited "see" Armstrong v. Rolm A Siemans Co
4th Cir. · 1997 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 931 (6th Cir. 1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21 (1st Cir. 1988); see generally Cort v. Ash, 422 U.S. _________________________________________________________________ 2 See Beardsley v. Ison, 828 F. Supp. 397, 400-01 (E.D.
discussed Cited "see" Antol v. Sec Dept Defense
3rd Cir. · 1996 · signal: see · confidence high
See 873 F.2d at 932 ; 842 F.2d at 21-22 . into the VEVRA section at issue; a waiver in VEVRA must be unequivocally expressed, and the waiver of sovereign immunity in the Rehabilitation Act must be narrowly construed.
discussed Cited "see" Kenneth C. Antol v. William J. Perry, Secretary Department of Defense, (Defense Logistics Agency) (2×)
3rd Cir. · 1996 · signal: see · confidence high
See 873 F.2d at 932 , 842 F.2d at 21-22 . .
cited Cited "see" Blizzard v. Dalton
E.D. Va. · 1995 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 931 (6th Cir. 1989); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 21 (1st Cir.1988); accord Wilson v. Amtrak Nat’l R.
discussed Cited "see" Philippeaux v. North Central Bronx Hospital
S.D.N.Y. · 1994 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 932 (6th Cir.1989) (no private right of action under the Act based on provision for administrative complaint review by the Secretary of Labor); Barron v. Nightingale Roofing, Inc., 842 F.2d 20, 22 (1st Cir. 1988) (only the Secretary of Labor may enforce the Act, thereby precluding veterans from bringing private actions); Aleszczyk v. Xerox Corp., No. CIV. 89-679L, 1990 WL 251849 , at *7 (W.D.N.Y.
cited Cited "see" Sanford v. Stern
6th Cir. · 1992 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 933 (6th Cir.1989).
discussed Cited "see" Taylor v. United States Postal Service (2×) also: Cited "see, e.g."
S.D. Ohio · 1990 · signal: see · confidence high
See Harris v. Adams, 873 F.2d 929, 933 (6th Cir.1989) (citing Jasany v. United States Postal Service, 755 F.2d 1244, 1248 (6th Cir.1985)).
Retrieving the full opinion text from the archive…
Henry C. HARRIS, Plaintiff-Appellant,
v.
David ADAMS; United States Postal Service, Defendants-Appellees
Henry C. Harris, Detroit, Mich., pro se., Peter A. Caplan, Asst. U.S. Atty., Detroit, Mich., D. Richard Froelke, Asst. Gen. Counsel, Office of Labor Law, Washington, D.C., for U.S. Postal Service and David Adams.
Martin, Krupansky, Milburn.
Cited by 60 opinions  |  Published
MILBURN, Circuit Judge.

Plaintiff-appellant Henry Harris (“Harris”), proceeding pro se, appeals the summary judgment dismissing his employment discrimination action based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Veterans’ Vocational Rehabilitation Act, 38 U.S.C. § 1500 et seq., and the Vietnam Era Veterans’ Readjustment Assistance Act, 38 U.S.C. § 2011 et seq. For the reasons that follow, we affirm.

I.

Harris filed this action against United States Postmaster General Anthony M. Frank (“Postmaster”) on November 25, 1985, after the U.S. Postal Service refused to employ him. Harris received the assistance of appointed counsel, who filed a series of amended complaints.

The Postmaster moved for summary judgment, and the district court initially granted it. But upon reconsideration, the district court ruled Harris could proceed with claims based upon the two veterans’ benefits statutes and allegations of racial and handicap discrimination. After the completion of discovery, the Postmaster again moved for summary judgment, which was granted, and Harris filed a timely pro se appeal.

Harris took the Postal Service’s Motor Vehicle Operator’s Examination in August 1982. In May 1983, he was contacted about a job at the post office in Royal Oak, Michigan. Harris was interviewed for the job, but an individual who had attained a higher exam score was offered the job first and accepted it. After learning he would not be hired, Harris visited the Royal Oak Post Office and, according to employees, acted in a threatening and belligerent manner. He made no attempt to complain through administrative procedures about not receiving the job.

In June 1983, Harris was notified about a job at the Detroit Post Office. He reported to the post office on June 30, 1983, for initial employment processing. However, because his application indicated he had been fired from his previous job for fight[*931] ing, and that his rank in the U.S. Army had been reduced because of fighting, Harris was told the Postal Service needed to conduct a more thorough investigation of his background before hiring him. [1] Nevertheless, Harris sought to attend an orientation for new employees, and became abusive and belligerent when Postal Service employees refused to process him as a new employee. In a letter dated April 30, 1984, the Postal Service informed Harris it would not hire him because of his employment history and his belligerent behavior at the Royal Oak and Detroit post offices.

This appeal presents the question of whether the district court erred in granting summary judgment for the Postmaster on Harris’ claims based on the Veterans’ Vocational Rehabilitation Act, the Vietnam Era Veterans’ Readjustment Assistance Act, and Title VII of the Civil Rights Act of 1964.

II.

Summary judgment is properly granted where the parties’ dispute presents no genuine issue of material fact. Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, the court must view all facts and inferences in the light most favorable to the nonmoving party. S.E.C. v. Blavin, 760 F.2d 706, 710 (6th Cir.1985). The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). “The disputed issue does not have to be resolved conclusively in favor of the non-moving party, but that party is required to present some significant probative evidence which makes it necessary to resolve the parties’ differing versions of the dispute at trial.” 60 Ivy Street Corp. v. Alexander, 822 F.2d 1432, 1435 (6th Cir.1987).

A.

Harris first argues that summary judgment was improperly granted because the Postmaster violated his rights under the Vietnam Era Veterans’ Readjustment Assistance Act, 38 U.S.C. § 2011 et seq., and the Veterans’ Rehabilitation Act, 38 U.S.C. § 1500 et seq. The Postmaster asserts that neither of the veterans’ statutes authorize private actions and, indeed, neither expressly provide for private enforcement. Therefore, we must first consider whether or not the statutes impliedly provide for private actions.

In determining whether a private right of action is implicit in a statute, courts consider: (1) whether the plaintiffs are members of the class for whose particular benefit the statute was intended; (2) whether the legislature intended to authorize private actions; (3) whether a federal cause of action would further the underlying purpose of the legislative scheme; and (4) whether the asserted private action is one traditionally reserved for state law, such that it would be inappropriate to infer a federal cause of action. See Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 106 S.Ct. 3229, 3234, 92 L.Ed.2d 650 (1986); Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2087, 45 L.Ed.2d 26 (1975) (the four-factor “Cort test”).

The Vietnam Era Veterans’ Readjustment Assistance Act (“VRA”) requires employers who enter into certain contracts with the United States to have affirmative action programs for Vietnam veterans. 38 U.S.C. section 2012(a). The statute does not expressly provide for private actions; veterans who believe themselves to be victims of discrimination may complain to the Secretary of Labor, who enforces the VRA administratively. 38 U.S.C. section 2012(b).

Harris meets the first and fourth Cort factors, as he is a Vietnam veteran, and this is not an area traditionally relegated to[*932] state law. But he fails to satisfy the other two factors. First, the VRA expressly provides a remedy through an administrative enforcement scheme, and we note that courts should not expand statutes to provide various remedies where the legislature has expressly provided one. See National R.R. Passenger Corp. v. National Ass’n of R.R. Passengers, 414 U.S. 453, 458, 94 S.Ct. 690, 693, 38 L.Ed.2d 646 (1974). Second, neither the statutory language nor its legislative history indicate any congressional intent to have the VRA serve as the basis of a private right of action. [2] Third, implying a private right of action would conflict with the administrative scheme established by the VRA.

Our conclusion that the VRA does not impliedly authorize private actions is consistent with the two reported cases on this exact question. See De Leon Cruz v. Loubriel, 539 F.Supp. 250, 251 (D.P.R.1982); Butler v. McDonnell-Douglas Saudi Arabia Corp., 93 F.R.D. 384 (S.D. Ohio 1981). [3]

B.

Harris next argues that the Veterans’ Vocational Rehabilitation Act, 38 U.S. C. § 1500 et seq. (“WR”), provides for private actions. The Postmaster asserts that the WR cannot serve as the basis for private actions for the same reasons given for the VRA. This question is one of first impression, but our analysis compels the conclusion that the WR does not authorize private actions.

Harris claims that under the WR, he is automatically entitled to federal employment. The statute, however, does not grant automatic employment rights. Rather, it authorizes the Veterans Administration to conduct vocational training and rehabilitation programs for veterans with service-connected disability. 38 U.S.C. § 1504. There is no suggestion in the language of the WR or its legislative history that the statute guarantees federal employment or provides for private enforcement actions. See S.Rep. No. 96-746, 96th Cong., 2d Sess., reprinted in, 1980 U.S. Code Cong. & Admin. News 4555, 4564-90. Moreover, creating a private right of action to enforce the WR would not be consistent with the overall legislative scheme.

C.

Harris also alleged in his complaint that he was the victim of racial and handicap discrimination in violation of Title VII of the Civil Rights Act of 1964. Harris did not raise these issues in his pro se brief, and a cursory review indicates these claims are meritless.

Employment discrimination claims are analyzed in light of Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981). For purposes of handicap discrimination, the Burdine test is modified as follows:

1) The plaintiff must establish a prima facie case by showing that he was an otherwise qualified handicapped person apart from his handicap, and he was rejected under circumstances which gave rise to the inference that his rejection was based solely on his handicap;
2) Once plaintiff establishes his prima facie case, defendants have the burden of going forward and proving that plaintiff was not an otherwise qualified handicapped person, that is one who is able to meet all of the program’s requirements in spite o/his handicap, or that his rejection from the program was for reasons other than his handicap.

Jasany v. United States Postal Service, 755 F.2d 1244, 1249 n. 5 (6th Cir.1985) (quoting Pushkin v. Regents of Univ. Of [*933] Colorado, 658 F.2d 1372, 1386-87 (10th Cir.1982)) (emphasis in original). The threshold element of a plaintiffs prima facie case is a showing that he is a “handicapped person” as defined by the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Jasa-ny, 755 F.2d at 1248 A handicapped person is one who “has a physical or mental impairment which substantially limits one or more of such person’s major life activities. ...” 29 U.S.C. § 706(8)(B)(i).

Harris’ claim never clears this threshold, as there is no evidence that he is “a handicapped person.” Moreover, he has never alleged that any major life activities were “substantially limited” by his alleged asthma. Harris never produced any evidence that he was an “otherwise qualified” candidate who was rejected solely because of his handicap. The Postmaster has consistently asserted that Harris’ record of on-the-job violence rendered him an undesirable employee. Harris has offered no evidence that the Postmaster’s articulated reason for rejecting him was a pretext.

The Burdine analysis is essentially the same for allegations of racial discrimination. Daniels v. Board of Educ. of Ravenna City School Dist., 805 F.2d 203, 207-08 (6th Cir.1986). The plaintiff must show that he belongs to a racial minority; he was a qualified applicant for a position for which the employer was seeking applications; and he was rejected under circumstances that give rise to an inference of racial discrimination. Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093-94.

Harris is a Black, and he applied for the position in question. But as discussed above, he has failed to present evidence that his rejection gives rise to an inference of discrimination. Harris has offered no evidence to contradict the Postmaster’s assertion that he was denied the job at the Detroit Post Office because of his record of on-the-job fighting. [4]

III.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

1

. Postal Service officials explained in interviews that potential employees often go through pre-employment processing but are never hired. They admitted they should have noticed Harris’ court-martial and dismissal for fighting before calling him in for pre-employment processing, but point out that despite their tardiness, Harris was never actually hired as a Postal Service employee.

2

. While we consider all Cort factors, the second one — congressional intent — is the most significant. See California v. Sierra Club, 451 U.S. 287, 298, 101 S.Ct. 1775, 1781, 68 L.Ed.2d 101 (1981).

3

. The Postmaster bolsters his case here by analogizing the VRA to the Rehabilitation Act of 1973, 29 U.S.C. § 791(b), which this court held did not provide for private actions until it was specifically amended by Congress to allow for them. See Smith v. United States Postal Service, 742 F.2d 257, 259 (6th Cir.1984). Because of our decision today, we need not consider this alternative argument.

4

. Similarly, Harris has never offered any evidence to raise an inference of racial or handicap discrimination with regard to his failure to obtain the Royal Oak driver's job. Harris has never raised a genuine issue with respect to the Postmaster’s assertion that, as a matter of routine, the Postal Service first offers jobs to the applicants who earn the highest examination scores.