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DESMOND v. MUKASEY

No. 07-5139.

530 F.3d 944 (2008)

Martin DESMOND, Appellant v. Michael B. MUKASEY, U.S. Attorney General, U.S. Department of Justice, and Federal Bureau of Investigation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Lisa J. Banks argued the cause for appellant. With her on the briefs were Debra S. Katz and Daniel B. Edelman.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Jane M. Lyons, Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Rehabilitation Act of 1973 prohibits federal agencies from discriminating in employment on the basis of disability, defined in part as "a physical or mental impairment which substantially limits one or more ... major life activities." 29 U.S.C. § 705(20)(B)(i). In this case, after being dismissed from the FBI Academy, appellant sued the Attorney General under the Rehabilitation Act, alleging...

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