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Martin Field v. Janet Napolitano, Secretary, Department of Homeland Security

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Before Lynch, Chief Judge, Howard and Thompson, Circuit Judges.

This is a case of first impression for this court as to airport security screeners and the relationship between the Aviation and Transportation Security Act (ATSA), Pub. L. No. 107-71, 115 Stat. 597 (2001) (codified in scattered sections of 49 U.S.C.), and the Rehabilitation Act, 29 U.S.C. § 791 et seq.

Maura Field, administratrix of the estate of her late husband Martin Field, appeals from the district court’s dismissal of her suit alleging that the Transportation Security Administration (TSA) discriminated and retaliated against Martin Field (“Field”) on the basis of a disability in violation of the Rehabilitation Act. TSA determined that Field, who developed a diabetic ulcer on the bottom of his foot in 2006, was unable to perform even his adjusted job requirements as a TSA security screener at Boston’s Logan International Airport because he could not stand for long periods of time and experienced difficulty walking. After Field missed several months of work, TSA terminated Field’s employment on November 27, 2006, two years after it had hired him.

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