Bonnie Mantolete v. William G. Bolger, in His Capacity as Postmaster General, United States Postal Service

OPINION and ORDER DENYING MOTION FOR RECONSIDERATION ON AWARD OF ATTORNEYS FEES

The Postmaster General moves to reconsider an interim award of attorney fees to Bonnie Mantelete under the Rehabilitation Act of 1973, 29 U.S.C. § 794a(b). The Postmaster General contends that Ms. Mante-lete is not a prevailing party because we did not rule in our decision on the merits of her appeal that the Postal Service had discriminated against her based on her physical handicap. We decline to reconsider our award of fees. Our previous decision directly benefits both Ms. Mantelete and other handicapped individuals by imposing specific obligations on federal employers to avoid discrimination against the handicapped. Ms. Mantelete has thus achieved sufficient success to be considered a prevailing party.

I

BACKGROUND

The facts of this case are set forth in detail in our previous opinion. Mantolete v. Bolger, 767 F.2d 1416, 1418-21 (9th Cir.1985). After a bench trial, the district court found that the Postal Service’s refusal to hire Ms. Mantelete because of her epileptic condition did not violate the Rehabilitation Act of 1973. We affirmed in part, reversed in part, and remanded for further…