[T][U] Likes v. Babbitt

MEMORANDUM* Jim G. Likes (""Likes""), appeals the district court's dismissal of his claim against Bruce Babbitt, Secretary of the Interior, in which he alleged that he was terminated by the U.S. Fish and Wildlife Service (""USFWS"") in violation of the Rehabilitation Act of 1973. In order to establish a prima facie case of discrimination under the Rehabilitation Act, a plaintiff must show that 1) he was handicapped within the meaning of the Act, 2) he was otherwise qualified for the job, 3) he worked for a program conducted by an executive agency or one receiving federal financial assistance, and 4) that the adverse action was solely because of the handicap. 29 U.S.C. § 794; Jackson v. Veterans Admin., 22 F.3d 277, 278, cert. dismissed, 115 S. Ct. 657 (1994). At issue here is whether Likes was ""otherwise qualified"" for his position as a fisheries biologist.