Articles Posted in U.S. Court of Appeals for the Sixth Circuit

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All Tennessee Valley Authority (TVA) plant officers are required to maintain medical clearance as a condition of employment. Since his employment began in 2009, Hale maintained the clearance necessary for his position. In 2013, the TVA began requiring a pulmonary function test for that clearance; Hale failed the testing and was terminated because of his chronic obstructive pulmonary disorder. Hale sued, alleging disability discrimination and failure to accommodate under the Americans with Disabilities Act and the Rehabilitation Act. In an unsuccessful motion to dismiss, the TVA argued that Title VII’s national-security exemption applies to the Rehabilitation Act and precludes the court from reviewing the physical-fitness requirements imposed by the Nuclear Regulatory Commission in the interests of national security and that the Egan doctrine precludes the judiciary from reviewing the TVA’s determination that Hale lacked the physical capacity to fulfill his job duties because this decision was one of national security. The Sixth Circuit denied an interlocutory appeal; the national security exemption does not apply to Hale’s Rehabilitation Act claim. The court declined to extend Egan to preclude judicial review of an agency’s determination regarding an employee’s physical capability to perform the duties of his position. View "Hale v. Johnson" on Justia Law

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Mokdad, a naturalized U.S. citizen, alleges that he has been denied boarding on commercial airline flights between the U.S. and his native country, Lebanon because he was on the No Fly List. Mokdad applied for redress under the Department of Homeland Security Traveler Redress Inquiry Program (TRIP). Mokdad received a letter that did not confirm or deny whether he was on the List but informed him that “we have conducted a review of any applicable records in consultation with other federal agencies ... no changes or corrections are warranted at this time.” The letter notified him of his right to file administrative appeal with the Transportation Security Administration (TSA) within 30 days, that the TRIP determination would become final if he did not, and that final determinations are reviewable by the Court of Appeals under 49 U.S.C. 46110. Mokdad did not file a TSA administrative appeal or a petition with the Court of Appeals but filed a complaint in the Eastern District of Michigan against the Attorney General, the FBI, and the Director of the Terrorist Screening Center. Mokdad did not name TSA or any TSA officer. The Sixth Circuit reversed dismissal, finding that the district court had jurisdiction, but declined to address the challenge to the adequacy of procedures to contest inclusion on the No Fly List, for failure to join a necessary party. View "Mokdad v. Lynch" on Justia Law