WILKERSON v. SHINSEKI

No. 09-8027.

606 F.3d 1256 (2010)

Floyd WILKERSON, Plaintiff-Appellant, v. Eric K. SHINSEKI, Secretary, United States Department of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 2, 2010.


Attorney(s) appearing for the Case

Bruce T. Moats, Law Office of Bruce T. Moats, Cheyenne, WY, for Appellant.

Joseph H. Azbell, Assistant United States Attorney (Kelly H. Rankin, United States Attorney, and Carol A. Statkus, Assistant United States Attorney, with him on the brief), Cheyenne, WY, for Appellee.

Before TACHA, HENRY, and HARTZ, Circuit Judges.


HENRY, Circuit Judge.

Floyd Wilkerson worked on a temporary basis at the Cheyenne Veteran Affairs Medical Center as a boiler plant operator. Following a failed physical examination, the human resources manager notified him that he was reassigned to a lower paid position. Mr. Wilkerson brought suit against the Secretary of the U.S. Department of Veterans Affairs (the "VA"), claiming that this reassignment discriminated against him based on his obesity and diabetes...

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