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Pushkin v. Regents of the University of Colorado

United States Court of Appeals for the Tenth Circuit

658 F.2d 1372 (1981)

Relevant factsFree

Joshua Pushkin (plaintiff), a practicing physician with multiple sclerosis who used a wheelchair, applied to a psychiatric residency program at the University of Colorado (defendant) after already completing a year of psychiatric residency and receiving praise from a former supervisor; four interviewers rejected his application based on brief 45-minute interviews, assuming without support that Pushkin was too emotionally volatile to be effective, that his MS medications would impair his judgment and memory, and that his treatment needs would cause excessive absences — despite Pushkin's own physician confirming his treatments could be scheduled in advance. The University's chairman admitted the rejection was based on Pushkin's MS, and after Pushkin sued under Section 504 of the Rehabilitation Act, the district court ruled for him and ordered his admission; the University appealed.

IssueFree

Whether, under the Rehabilitation Act, colleges that receive federal funding may exclude otherwise-qualified individuals with disabilities from participation solely by reason of the disability.

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