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5th Cir accommodation administrative affirmative action agency alleged amended applicant award backpay basis Bucyrus-Erie burden cause of action cert Circuit Civil Rights Act claim Commission complaint concluded Cong Congress contract Court of Appeals decision defendant denied Department Dept disability district court driver duties employ employee employment discrimination enforcement epilepsy evidence F.Supp fact federal financial assistance filed Frito-Lay handi handicapped individuals handicapped person hearing Hubbard impairment injury intended issue Judge Labor Louis County ment methadone OFCCP opinion otherwise qualified perform physical handicap plaintiff ployment position Postal Service private right program or activity provides qualified handicapped reason regulations Rehabilitation Act remedy right of action rule S.Ct safety Section 504 Sion Southeastern Community College standards Stats statute statutory summary judgment SupCt supra Supreme Court tion Title IX Title VII tive trial court U.S. Postal Service violation visual