Webb

Webb v. Henderson

Good Law
8 F. App'x 752
United States Court of Appeals for the Ninth CircuitApril 24, 2001No. 99-56684; D.C. No. CV-99-01084-SVWCalifornia532 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff filed an action against her employer, the United States Postal Service (Defendant), in which she claimed that Defendant had discriminated against her on the basis of a physical disability in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (a). The district court granted Defendant’s motion for summary judgment, holding that Plaintiff had failed to demonstrate that she was “otherwise qualified” for her job. We now affirm, although on grounds different from those expressed by the district court. See Branson v. Nott, 62 F.3d 287, 291 (9th Cir.1995) (“We may affirm the decision of the dis *753 trict court on any basis which the record supports.”).

As an initial matter, Plaintiff argues that Defendant was bound by the Administrative Law Judge’s (“ALJ”) finding of discrimination. We disagree. Under the applicable regulations, Defendant was not bound by the ALJ’s opinion. 29 C.F.R. § 1614.109 (g) (1996) (“Within 60 days of receipt of the findings and conclusions [of an ALJ], the agency may reject or modify the findings and conclusions or the relief ordered by the [ALJ]----”). Moreover, Plaintiffs argument that the district court erred by not giving…

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