Porter P. v. U.S.P.S.
Appeal No. 0120171893
EEOC
The plaintiff in this case was employed by the United States Postal Service (USPS) as a driver. He was diagnosed with ADHD and a chronic neck and back problem, for which he was prescribed Vyvanse and Vicodin. Upon discovery of his prescription for Vicodin, the USPS pulled him off driving duty. He claimed that the USPS wrongfully disclosed his confidential medical information to unauthorized individuals and that he was discriminated against on the basis of disability when the USPS pulled his driving privileges. The administrative law judge found against him, and he appealed. The EEOC found that the USPS had not violated the Genetic Information Nondiscrimination Act of 2008 (GINA), nor was the plaintiff treated disparately when the USPS pulled his driving privileges, as the agency had valid reasons for disqualifying him from driving. However, the EEOC also found that by placing the plaintiff’s medical information in his personnel folder, the USPS violated the Rehabilitation Act.
Attorney Angel did not represent the plaintiff in this case, but he does represent federal employees in EEOC cases.
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