Jeffrey A. Sisson v. J. Lynn Helms, Administrator Federal Aviation Administration and Robert Faith, Alaska Regional Administration

Jeffrey Sisson appeals from the dismissal after trial on the merits of his handicap discrimination claim filed pursuant to The Rehabilitation Act of 1973 (amended 1978), 29 U.S.C. §§ 791 -794a.

Jeffrey Sisson claims that the district court erred in finding that the physical criteria for the position of electronics technician in the Airways Facilities Division were job related and that he was not discriminated against solely on the basis of his handicap.

In reviewing Jeffrey Sisson’s claim, we must interpret The Rehabilitation Act of 1973 (amended 1978) as it applies to a disparate impact claim and a surmountable claim of discrimination solely on the basis of a physical handicap. In performing this task, we will first discuss the facts which must be proved by a handicapped person to prove discrimination as well as the burden placed on the federal employer if a prima facie case has been presented. Secondly, we will examine the facts to determine if the court’s finding that Jeffrey Sisson failed to prove that he was denied employment solely because of his handicap is supported by the record.

I

PROOF OF HANDICAP DISCRIMINATION

Section 504 of The Rehabilitation Act of 1973…