United States Department of Labor
Office of Administrative Law Judges Law Library

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.

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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, remanded on other grounds, 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, Consent Decree, June 21, 1996.