[DOWNLOAD] "Jackan v. New York State Department of Labor" by Second Circuit U.S. Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Jackan v. New York State Department of Labor
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 03, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiff Patrick C. Jackan appeals from a decision of the United States District Court for the Northern District of New York (Thomas J. McAvoy, C.J.) entering judgment for defendant the New York State Department of Labor after a bench trial adjudicating claims brought under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The District Court rejected the plaintiffs contention that the defendant was required by these statutes to transfer him to a vacant position on the grounds, inter alia, that no vacancy existed. The Court of Appeals (Leval, J.) holds that the plaintiff bears the burden of proving that a vacancy existed and that Jackan did not meet that burden.