United States Fifth Circuit

In an action alleging plaintiff-appraiser was discriminated against in violation of the Americans with Disabilities Act (ADA), Title VII, and the Rehabilitation Act, and claiming he was denied a promotion in retaliation for engaging in activities protected by Title VII, summary judgment for defendant-US Army Corps of Engineers is reversed in part as to the Rehabilitation Act claim where plaintiff created a genuine issue of material fact concerning whether he was qualified to be a Supervisory Appraiser, and thus, whether he established the second element of his prima facie case.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Otto D. Hewitt, III (argued), Hewitt Law Firm, Alvin, TX, for Washburn., Vernon Lydell Lewis, Asst. U.S. Atty. (argued), Houston, TX, for Harvey.