PALMQUIST v. SHINSEKI

No. 11-2110.

689 F.3d 66 (2012)

Mark S. PALMQUIST, Plaintiff, Appellant, v. Eric K. SHINSEKI, Secretary, Department of Veterans Affairs, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 2, 2012.


Attorney(s) appearing for the Case

David G. Webbert , with whom Elizabeth L.J. Burnett and Johnson & Webbert, L.L.P. were on brief, for appellant.

Mary Ellen Signorille , Daniel B. Kohrman , AARP Foundation Litigation and Melvin Radowitz on brief for American Association of Retired Persons, amicus curiae.

Daniel Tenny , Attorney, Civil Division, United States Department of Justice, with whom Stuart F. Delery , Acting Assistant Attorney General, Thomas E. Delahanty II , United States Attorney, and Marleigh D. Dover , Attorney, Civil Division, were on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.


SELYA, Circuit Judge.

This appeal requires us to resolve a question of first impression at the federal appellate level: Does the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-796l, entitle a plaintiff to relief when retaliation for his complaints about disability discrimination is a motivating factor in, but not the but-for cause of, an adverse employment action? We answer this question in the negative. Because the court below reached the same result and...

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