Opinion
NO. 00-1054
June 26, 2001
IT IS ORDERED that the plaintiff's motion for review of magistrate judge's order is DENIED. The order of the magistrate judge is not clearly erroneous or contrary to law. Although there is no cited governing federal authority directly addressing the issues raised by he interplay between the ADA and the Rehabilitation Act, the Court agrees with the reasoning of Judge Fallon in Griffin v. United States Postal Service, 2001 WL 50877 (E.D.La.), that a federal employee's claim for disability discrimination arises under the Rehabilitation Act and not the ADA. There is no issue that the standards set forth in the ADA apply in the plaintiff's Rehabilitation Act claim under 29 U.S.C. § 791(g), 794(d); however that application does not give the plaintiff a separate claim under the ADA. To the extent that the plaintiff argues that the application of the ADA standards allows him to name individual supervisors and their insurers as defendants, the Court also agrees with Judge Fallon's conclusion in Griffin, supra.