United States DC Circuit

In an action alleging that the Secretary of Agriculture violated plaintiff's rights under the Rehabilitation Act by refusing to provide reasonable accommodations for her disability, summary judgment for defendants is vacated where: 1) claims for federal disability retirement benefits and disability-discrimination claims under the Rehabilitation Act did not so inherently conflict as to justify presumptively barring recipients of such benefits from asserting Rehabilitation Act claims, and 2) a reasonable jury could find that the statements plaintiff and her doctor made in support of her application for disability benefits were consistent with her current claim that she could have performed the essential functions of her position with reasonable accommodation.

Appellate Information

• Decided 12/21/2010
• Published 12/21/2010

Judges

• David C. Tatel

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John F. Karl, Jr., Harry B. Roback