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SMITH v. UNITED STATES POSTAL SERVICE

No. 83-1446.

742 F.2d 257 (1984)

William Morrison SMITH, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1984.

Attorney(s) appearing for the Case

Kathleen L. Bogas, Susan Fellman (argued), Detroit, Mich., for plaintiff-appellant.

Leonard R. Gilman, U.S. Atty., Ellen Christensen, Ellen Ritteman (argued), Asst. U.S. Attys., Detroit, Mich., for defendant-appellee.

Before MERRITT, JONES and WELLFORD, Circuit Judges.

MERRITT, Circuit Judge.

This appeal raises a question of first impression in handicap discrimination cases; namely, whether a plaintiff alleging a cause of action for employment discrimination against the Postal Service under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-796i (1982), must exhaust administrative remedies before proceeding to federal court. We conclude that exhaustion is required.

I.

Plaintiff Smith, who suffers from cerebral...

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