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Breen v. Department of Transportation, Federal Highway Administration

Where plaintiff alleged that discharge from her job was a violation of the Rehabilitation Act, summary judgment in favor of defendant reversed; plaintiff raised genuine issues of material fact as to the unavailability of any reasonable accommodation that would have permitted her to accomplish her required tasks.

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Argued November 20, 2001

Victoria Breen, a former file clerk at the Federal Highway Administration, brought this suit alleging that she was discharged from her job in violation of the Rehabilitation Act, 29 U.S.C. s 791 et seq. Breen alleges that she suffers from mental and physical disabilities, but would have been able to perform her work with a reasonable accommodation. The district court granted summary judgment against Breen on the ground that no reasonable accommodation would have enabled her to perform the essential functions of her position. Because we find that there are genuine issues of material fact as to Breen’s ability to perform with an accommodation, we reverse the judgment of the district court.

I.

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