Category Archives: Refusal to hire

Refusal to Hire Based on Type 1 Diabetes

A plaintiff sued the United States Attorney, alleging that the FBI refused to hire him as a special agent because of his Type 1 diabetes in violation of the Rehabilitation Act of 1973 (Act), 29 U.S.C. §§ 701 et seq.  The jury agreed with the plaintiff and, accordingly, awarded him a sum in compensatory damages. However the trial judge denied the plaintiff’s request for equitable relief (front pay and instatement).   The United States Court of Appeals agreed with the trial judge’s decision to deny the request for equitable relief.

In particular, the Court of Appeals agreed with the trial judge that the equitable request for instatement as a special agent was properly denied because of the plaintiff’s proven lack of candor during the application process.

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