David Cook, Sr. v. United States Department of Labor

Plaintiff-appellant Cook contends that he was fired because of a physical handicap in violation of 29 U.S.C. § 834 and § 794. An Administrative Law Judge for the Department of Labor denied Cook’s claim for reinstatement and backpay. The Secretary did not modify or vacate the decision, and it became the decision of the Secretary pursuant to 20 C.F.R. § 676.91 (f). Cook appeals pursuant to 29 U.S.C. § 817 (a).

Cook worked for the City of Auburn, Washington, in a CETA funded position as jailer. This position entails stress and requires sufficient strength and stamina to restrain violent prisoners physically. Returning from a brief illness, Cook stated in a medical report that his absence resulted from “flu and angina.” Cook was then referred to the city physician. At his examination, Cook related that he suffered occasional chest pains when tired or ill, and that his physician had said that he might have angina pectoris. Angina pectoris is a symptom of underlying coronary disease in which the coronary arteries are unable, because of narrowing, to accommodate increased blood flow. The condition produces severe chest pain during periods of physical or emotional stress.

Based on this…