Vasquez v. Washington Department of Veterans Affairs
3:23-cv-06178
W.D. Wash.Dec 4, 2024Background
- Plaintiff Vasquez, a veteran with disabilities including PTSD, was employed by the Washington State Department of Veterans Affairs (DVA) and terminated after about seven months.
- Vasquez requested a work shift change and reasonable accommodations, citing his disability and a hostile working environment caused mainly by a coworker's alleged bullying and lack of intervention by supervisors.
- After being fired shortly after making a formal accommodation request, Vasquez sued DVA, alleging age, national origin, and disability discrimination under multiple statutes, including the Rehabilitation Act.
- The court previously dismissed most claims but allowed a Section 504 hostile work environment claim to proceed, as long as Vasquez could amend to allege DVA receives federal funds.
- DVA then moved to dismiss, arguing Section 504 does not permit employment discrimination claims and also asserting Eleventh Amendment immunity.
- The Court addressed whether Section 504 applies to employment and if hostile work environment claims can be pursued under that section, pending sufficient allegations of federal funding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Section 504 covers employment discrimination | Section 504 prohibits disability discrimination in employment | Employment not a “benefit/service”—Section 504 does not apply | Section 504 applies to employment by recipients |
| Hostile work environment claim under Section 504 | Hostile work environment is actionable under Section 504 | Hostile-environment claims not permitted under Section 504 | Such claims are allowed under Section 504 |
| Requirement to plead federal funding | DVA is federally funded and thus subject to Section 504 | No allegation in complaint that DVA receives federal funds | Must plead federal funding to proceed |
| Eleventh Amendment immunity | Section 504 abrogates immunity if agency gets federal funds | DVA is immune from suit as an arm of the state | Immunity abrogated only if federal funding alleged |
Key Cases Cited
- Consolidated Rail Corp. v. Darrone, 465 U.S. 624 (Section 504 prohibits employment discrimination by recipients of federal funds)
- Sch. Bd. of Nassau Cnty. v. Arline, 480 U.S. 273 (Section 504's purpose is to prevent the exclusion of disabled individuals from employment)
- Lane v. Peña, 518 U.S. 187 (Section 504 abrogates state sovereign immunity only when the state accepts federal funds)
- Rose v. U.S. Postal Serv., 774 F.2d 1355 (Rehabilitation Act ensures access to employment for disabled individuals)
- Smith v. Barton, 914 F.2d 1330 (Section 504 commonly used for employment discrimination claims)