Edna H. Jokinen v. William J. Henderson ( 2000 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 00-2475
    ___________
    Edna H. Jokinen,                        *
    *
    Appellant,                  *
    *
    v.                                * Appeal from the United States
    * District Court for the District
    William J. Henderson, Postmaster        * of Minnesota.
    General, United States Postal Service, *
    *         [UNPUBLISHED]
    Appellee.                   *
    ___________
    Submitted: December 7, 2000
    Filed: December 20, 2000
    ___________
    Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit
    Judges.
    ___________
    PER CURIAM.
    Edna Jokinen appeals the district court’s dismissal of her employment
    discrimination complaint. Ms. Jokinen, a postal clerk, filed this action against the
    Postmaster General of the United States Postal Service (USPS) following a limited-duty
    assignment from the Department of Labor (DOL). Using a form Title VII complaint,
    she complained of “[d]iscrimination because of being placed on light duty due to job
    related injury (physical disability).” The form provided boxes--for race, color, sex,
    religion, and national origin--to indicate the nature of the discriminatory action.
    Leaving these blank, Ms. Jokinen handwrote “Physical Disability” and checked an
    accompanying handwritten box. She attached a copy of the USPS’s final agency
    decision, which listed the particular actions she had unsuccessfully challenged in her
    administrative charge (primarily involving her working conditions).
    Ms. Jokinen later filed a motion for summary judgment, which the district court
    struck for failing to comply with a local rule. Acting sua sponte, the court also
    dismissed Ms. Jokinen’s complaint for failure to state a claim, reasoning that Title VII
    does not proscribe disability discrimination.
    We review de novo dismissals for failure to state a claim, which are appropriate
    only when the plaintiff can prove no set of facts entitling her to relief. See Ring v. First
    Interstate Mortgage, Inc., 
    984 F.2d 924
    , 926 (8th Cir. 1993). We believe that Ms.
    Jokinen pleaded facts supporting a claim under the Rehabilitation Act. See
    
    29 U.S.C. § 794
    (a) (“No otherwise qualified individual with a disability . . . shall,
    solely by reason of her or his disability . . . be subjected to discrimination under any
    program or activity conducted . . . by the United States Postal Service.”). Her form
    complaint was not subject to dismissal just because it was submitted on the wrong
    form. See Hopkins v. Saunders, 
    199 F.3d 968
    , 973 (8th Cir. 1999) (“‘[I]t is the facts
    well pleaded, not the theory of recovery or legal conclusions,’ that state a cause of
    action and put a party on notice.”) (quoted case omitted), cert. denied, 
    121 S. Ct. 176
    (2000). We reject the USPS’s contention that a Rehabilitation Act claim would be
    barred by 
    5 U.S.C. § 8128
    (b): Ms. Jokinen does not challenge the DOL’s limited-duty
    job offer; instead, she complains of discrimination by the USPS because of her limited-
    duty status, stemming from a disability. We also reject the USPS’s argument that Ms.
    Jokinen did not sufficiently demonstrate an adverse employment action. See Ring, 984
    F.2d at 926-27 (prima facie case is evidentiary standard, which is not proper measure
    of whether complaint fails to state claim).
    Accordingly, we reverse.
    -2-
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -3-
    

Document Info

Docket Number: 00-2475

Filed Date: 12/20/2000

Precedential Status: Non-Precedential

Modified Date: 10/13/2015