5th Circ. Reopens DHS Air Marshal's Disability Bias Suit

Law360, New York (November 9, 2011, 5:29 PM EST) -- The Fifth Circuit on Wednesday revived a federal air marshal's suit alleging the U.S. Department of Homeland Security discriminated against him based on his medical condition and retaliated against him when he complained about his treatment, ruling he had not acted in bad faith.

A three-judge panel reversed a lower court's February dismissal of Derek Thomas' suit, in which the district court said he hadn't properly exhausted his administrative remedies first.

Thomas, an air marshal with the DHS' Transportation Safety Administration, sued DHS Secretary Janet Napolitano...
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