United States DC Circuit

Where an employee offers evidence disputing her employer's claim that the job restructuring she proposed was incompatible with the essential functions of her position, she creates a genuine issue of material fact to preclude summary judgment in favor of the employer, and may prosecute her claims under the Rehabilitation Act, 29 USC 791, et seq.

Appellate Information

• Argued 11/20/2001
• Decided 03/15/2002
• Published 03/15/2002

Judges

• Before:  GINSBURG, Chief Judge, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kurt W. Hague argued the cause for appellant.   With him on the briefs were Theodore Whitehouse and Joseph G. Davis.


• For Appellees:
  
• Scott S. Harris, Assistant U.S. Attorney, argued the cause for appellees.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.