AKA v. WASHINGTON HOSP. CENTER

No. 96-7089.

156 F.3d 1284 (1998)

Etim U. AKA, Appellant, v. WASHINGTON HOSPITAL CENTER, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1998.


Attorney(s) appearing for the Case

Gregg D. Adler argued the cause for appellant, with whom James L. Kestell was on the briefs.

Stewart S. Manela argued the cause for appellee, with whom Henry Morris, Jr., and Anne M. Hamilton were on the briefs. Samuel K. Charnoff entered an appearance.

Barbara L. Sloan, Attorney, Equal Employment Opportunity Commission, argued the cause for amicus curiae, with whom Lorraine C. Davis, Assistant General Counsel, was on the briefs. Philip B. Sklover, Associate General Counsel, entered an appearance.

Before: EDWARDS, Chief Judge, WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.


Argued in banc May 13, 1998.

Dissenting Opinion filed by Circuit Judge HENDERSON, with whom SILBERMAN, WILLIAMS and GINSBURG, Circuit Judges, join.

Dissenting Opinion filed by Circuit Judge SILBERMAN, with whom WILLIAMS and GINSBURG, Circuit Judges, join.

WALD, Circuit Judge:

In 1991, Etim U. Aka ("Aka") underwent heart bypass surgery, and thereafter was unable to perform his prior job as an orderly at Washington Hospital Center ("WHC"). After...

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