Taylor v. Small, (D.C. Cir. Dec. 12, 2003).

Two key issues: (1) the D.C. Circuit refused to allow the federal employee plaintiff, who mistakenly pled her disability claim under Section 504 of the Rehabilitation Act, to proceed under Section 501 instead (even if they had, the plaintiff had failed to exhaust her administrative remedies), and (2) an employer can cure a discriminatory adverse employment action prior to litigation, thereby avoiding liability. To read the decision, go to: http://pacer.cadc.uscourts.gov /docs/common/opinions/200312/02-5261a.pdf.

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Newsletter - January 2004
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