McDonough v. Donahoe, No. 11-1477 (1st Cir. 2012)Annotate this Case
Plaintiff began working as a letter carrier in 1980. In 1987, she tripped at work and injured her back. Her workers' compensation claim was allowed and she began to work four hours a day instead of eight. Plaintiff could walk, sit, and stand for up to one hour continuously or up to four hours intermittently. After a 2003 medical exam, plaintiff declined to agree to work five hours and, feeling that her supervisor had bullied her, filed an EEOC complaint. An ALJ ruled in favor of the Postal Service; the EEOC Office of Federal Operations affirmed. In 2008, she sued, alleging: hostile work environment harassment based on disability (Rehabilitation Act, 29 U.S.C. 794(a)); retaliation in violation of the Rehabilitation Act; failure to accommodate a disability in violation of the Rehabilitation Act; hostile work environment harassment based on gender (Title VII of the Civil Rights Act, 42 U.S.C. 2000e-16); and retaliation in violation of Title VII. The district court entered summary judgment for the Postmaster General. The First Circuit affirmed, reasoning that plaintiff was able to do her job and that she was not regarded as disabled.