After she was denied relief in state administrative proceedings, she brought suit in Federal District Court, alleging a violation of § 504. At the end of the 1978-1979 school year, petitioners discharged her after a hearing because of the continued recurrence of tuberculosis. In 1977, March, 1978, and November, 1978, respondent had relapses, after the latter two of which she was suspended with pay for the rest of the school year. The disease went into remission for the next 20 years, during which time respondent began teaching elementary school in Florida. Respondent was hospitalized for tuberculosis in 1957. impairment which substantially limits one or more of major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment."ĭepartment of Health and Human Services (HHS) regulations define "physical impairment" to mean, inter alia, any physiological disorder affecting the respiratory system, and define "major life activities" to include working. Section 706(7)(B) defines "handicapped individual" to mean any person who § 706(7), shall, solely by reason of his handicap, be excluded from participation in any program receiving federal financial assistance. ![]() ![]() § 794 (Act), provides, inter alia, that no "otherwise qualified handicapped individual," as defined in 29 U.S.C. ![]() Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
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