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HEIKO v. COLOMBO SAVINGS BANK, F.S.B.

No. 04-2046.

434 F.3d 249 (2006)

James HEIKO, Plaintiff-Appellant, v. COLOMBO SAVINGS BANK, F.S.B., Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 2006.

Attorney(s) appearing for the Case

ARGUED: Stephen Zak Chertkof, Heller, Huron, Chertkof, Lerner, Simon & Salzman, P.L.L.C., Washington, D.C., for Appellant. Barbara L. Sloan, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae. Katherine Kristin Brewer, Schmeltzer, Aptaker & Shepard, P.C., Washington, D.C., for Appellee. ON BRIEF: Douglas B. Huron, Tammany M. Kramer, Heller, Huron, Chertkof, Lerner, Simon & Salzman, P.L.L.C., Washington, D.C., for Appellant. Gary L. Lieber, Anessa Abrams, Schmeltzer, Aptaker & Shepard, P.C., Washington, D.C., for Appellee. Eric S. Dreiband, General Counsel, Lorraine C. Davis, Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae.

Before WILKINS, Chief Judge, and WILKINSON and GREGORY, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

WILKINSON, Circuit Judge.

James Heiko brings suit against his former employer, Colombo Savings Bank, alleging a failure to promote and constructive discharge on the basis of disability. At the time of the alleged discrimination, Heiko suffered from end-stage renal disease — near complete kidney...

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