United States Tenth Circuit

In an action claiming that plaintiff's reassignment discriminated against him based on his obesity and diabetes, and that age discrimination played a role in his reassignment in violation of the Age Discrimination in Employment Act, summary judgment for defendant is affirmed where: 1) plaintiff was not otherwise qualified to hold the position as required by the Rehabilitation Act; 2) defendant had a non-discriminatory reason for removing plaintiff that was not pretextual; and 3) plaintiff did not allege that the accessing of his health records was intentional misconduct, as required by the Privacy Act.

Appellate Information

• Decided 06/02/2010
• Published 06/02/2010

Judges

• HENRY, Circuit Judge., Before TACHA, HENRY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Bruce T. Moats, Law Office of Bruce T. Moats, Cheyenne, WY, for Appellant.


• For Appellees:
  
• Joseph H. Azbell, Assistant United States Attorney (Kelly H. Rankin, United States Attorney, and Carol A. Statkus, Assistant United States Attorney, with him on the brief), Cheyenne, WY, for Appellee.