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ROGERS v. FRITO-LAY, INC.

Nos. 77-2443, 77-3263.

611 F.2d 1074 (1980)

Mildred Lee ROGERS, Plaintiff-Appellant, v. FRITO-LAY, INCORPORATED, Defendant-Appellee. Howard L. MOON, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 15, 1980.

Attorney(s) appearing for the Case

James C. Barber, Dallas, Tex., for plaintiff-appellant in No. 77-2443.

William A. Wright, Susan A. Cahoon, Duane C. Aldrich, Atlanta, Ga., for defendant-appellee in No. 77-2443.

Beverly B. Bates, Atlanta, Ga., for plaintiff-appellant in No. 77-3263.

Brian J. Linn, Staff Atty., Nat. Center for Law and the Handicapped, Inc., for Nat'l Center for Law and the Handicapped, Inc., Kent Hull, Director, South Bend, Ind., amicus curiae in No. 77-3263.

Charles Kelso, Ann Margaret Pointer, Atlanta, Ga., for defendant-appellee in No. 77-3263.

Before GOLDBERG, FAY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue before us can be simply stated: section 503 of the Rehabilitation Act of 1973 requires every contract in excess of $2,500 with any federal department to "contain a provision requiring that, in employing persons to carry out" the contract, the contracting parties "shall take affirmative action to employ and advance in employment qualified handicapped individuals." 29 U.S.C. § 793.1 It also provides...

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