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JOHNSON v. SHALALA

Nos. 92-1109, 92-1815, 92-1816 and 92-1846.

991 F.2d 126 (1993)

Sharon JOHNSON, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant. Washington Council of Lawyers, Amicus Curiae. (Two-Cases). Sharon JOHNSON, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. Washington Council of Lawyers, Amicus Curiae. (Two-Cases).

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

William George Cole, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Robert Zener, Civ. Div., U.S. Dept. of Justice, Washington, DC; Richard D. Bennett, U.S. Attorney, Baltimore, MD, Eileen M.I. Houghton, Office of General Counsel, Dept. of Health and Human Services, Washington, DC, on brief), for defendant-appellant.

Joseph M. Sellers, Washington Lawyers' Committee for Civ. Rights Under Law, Schuyler William Livingston, Jr., Covington & Burling, Washington, DC, argued (Avis E. Buchanan, Avis L. Sanders, Washington Lawyers' Committee for Civ. Rights Under Law, Ronald J. Krotoszynski, Jr., Covington & Burling, on brief), for plaintiff-appellee.

Roger E. Warin, Charles F. Monk, Jr., Steptoe & Johnson, Katherine Garrett, Washington Council of Lawyers, Washington, DC, for amicus curiae.

Before WILKINSON and WILLIAMS, Circuit Judges, and MACKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

In this case we must ask when an employer's failure to accommodate an employee under the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., amounts to a constructive discharge of that employee. Dr. Sharon Johnson left her employment with the National Institutes of Health; she now claims that she was constructively discharged from her job. The district court agreed, holding that NIH had constructively discharged...

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