What factors must the court consider

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Reference no: EM131281614

The New York City Police Department was a recipient of federal funds subject to the Rehabilitation Act of 1973. When Officer Heron, a three-year veteran of the department, began having attendance problems, a police psychologist suggested that Heron turn in his gun and be placed on nonpatrol duty. Despite these actions, Heron's attendance problems continued, and it was eventually discovered that Heron was addicted to heroin.

The department immediately initiated disciplinary proceedings against Heron and sought to dismiss him. After a hearing, Heron was dismissed and denied eligibility for continuing health or pension benefits. Heron alleged that his condition was due to job-related stress and exposure to dangerous and violent incidents.

He challenged his dismissal in federal court because the department had a policy of not dismissing alcoholic officers. He alleged that the initiation of disciplinary action against him was prohibited by Section 504 of the Rehabilitation Act of 1973 because he was anotherwise qualified person disciplined solely because of his handicap. What factors must the court consider in evaluating Heron's claim? What result should the court reach in this case? Decide.

Reference no: EM131281614

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