Jason Bachman v. Patrick Donahoe
460 F. App'x 383
5th Cir.2012Background
- Bachman applied to be a Rural Route Carrier for USPS in Nov. 2010; he completed a Medical Assessment Form stating no prior on-the-job injuries and authorized USPS to obtain health records.
- He acknowledged that failure to answer truthfully could lead to termination.
- USPS discovered Bachman had two prior workers’ compensation claims and terminated him for nondisclosure.
- Bachman sued USPS alleging ADA and FCRA claims arising from the termination.
- The district court dismissed the claims under 28 U.S.C. § 1915(e)(2)(B); Bachman appealed.
- The panel affirms the district court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USPS’s inquiry about disability violated ADA §12112(d). | Bachman argues the inquiry touched on a disability. | USPS asserts no disability inquiry was made about Bachman. | ADA claim fails; no disability inquiry alleged. |
| Whether USPS’s handling of a workman’s compensation report violated FCRA §1681b. | Bachman claims failure to disclose the report before adverse action. | FCRA does not cover the report as a consumer report. | FCRA claim fails; report not a consumer report under §1681a(d)(1). |
Key Cases Cited
- Fuzy v. S&B Eng’rs & Constructors, Ltd., 332 F.3d 301 (5th Cir. 2003) (standing to sue under §12112(d) if not disabled not resolved here)
- St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881 (5th Cir. 1989) (FCRA protects against inaccurate information in consumer reports)
- Samford v. Dretke, 562 F.3d 674 (5th Cir. 2009) (de novo review of §1915(e)(2)(B) dismissals; Rule 12(b)(6) standard)