Fox
Fox v. US Postal Service
Opinion
Lead Opinion
*250 MEMORANDUM **
Richard J. Fox was demoted when he refused to travel for training that his employer, the United States Postal Service (USPS), believed was necessary for Fox’s employment as an Electronics Technician (ET) in Billings, Montana. Fox contested the demotion administratively, and when he did not prevail, he filed this pro se action in federal district court alleging discrimination based on a medical disability. The district court granted summary judgment in favor of USPS. We affirm.
DISCUSSION
We first note that Fox raised claims in district court that were not presented in the administrative proceedings. We agree with the district court that those claims are not exhausted, and need not be addressed. See Leong v. Potter, 347 F.3d 1117, 1121-22 (9th Cir.2003) (upholding dismissal of discrimination claims against USPS for failure to exhaust administrative remedies).
Fox did raise and exhaust his claim of employment discrimination under the Rehabilitation Act, 29 U.S.C. § 794 . The Act requires that federal agencies, including the USPS, “reasonably accommodate an employee’s disability.” McLean v. Runyon, 222 F.3d 1150,1153 (9th Cir.2000). A court’s “first inquiry is…