United States Department of Labor Office of Administrative Law Judges Law
Library
UNITED STATES DEPARTMENT OF LABOR *
OFFICE OF THE SOLICITOR * CIVIL RIGHTS DIVISION
INDEX TO ADMINISTRATIVE DECISIONS UNDER SECTION
503 OF THE REHABILITATION ACT OF 1973
TOPIC 90: EXHAUSTION
NOTICE: THIS INDEX WAS PREPARED BY THE CIVIL RIGHTS
DIVISION, OFFICE OF THE SOLICITOR, U.S. DEPARTMENT OF LABOR, FOR
INTERNAL USE. IT IS NOT AN OFFICIAL INTERPRETATION OF THE CASES,
AND WAS LAST REVISED IN NOVEMBER, 1996.
Since the complainant held a valid DOT medical certificate when she was rejected for
employment by the defendant, exhaustion of DOT administrative remedies was not a prerequisite
to a Rehabilitation Act proceeding. OFCCP v. Texas Industries Inc.,
80-OFCCP-28, Assistant Secretary for Employment Standards Dec. and Order, June 7, 1988, slip
op. at 6,
remandedonothergrounds, Assistant Secretary for Employment
Standards Order of Remand and Stay of Enforcement, September 27, 1990, ALJ Decision and
Order on Remand, March 11, 1991; remanded on other grounds, Assistant Secretary for
Employment Standards Decision and Order of Remand, January 27, 1995, ConsentDecree, June 21, 1996.