Court affirms on alternative ground of exhaustion. Under the Rehabilitation Act, employees of federal agencies must file a charge with the EEOC (29 U.S.C. § 794a(a)(1); 29 C.F.R. § 1614.105). While the employees did file EEOC charges against the contractor MVM, it did not do so separately against the U.S. Marshal's Service (USMS).

It holds that the plain language of both statutes provides a remedy to retaliation. The Rehabilitation Act, at 29 U.S.C. § 794a(2), expressly incorporates Title VI's provisions, including the anti-retaliation regulation, 34 C.F.R. § 100.7(e) ("The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 . . . shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance . . . ."). The panel rejects the suggestion that person under the statute must be disabled to have standing to raise its protections: "Section 504 and its anti-retaliation provision use the all inclusive phrases 'any person aggrieved' and 'any individual,' and no language further limits who 'any person aggrieved' or 'any individual' may be.