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SOLOMON v. VILSACK

No. 09-5319.

628 F.3d 555 (2010)

Linda SOLOMON, Appellant v. Thomas J. VILSACK, in his Official Capacity as Secretary of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 2010.

Attorney(s) appearing for the Case

John F. Karl, Jr. argued the cause and filed the briefs for appellant.

Harry B. Roback , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Les Alderman was on the brief for amicus curiae Metropolitan Washington Employment Lawyers Association in support of appellant.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case involves the interaction of two statutory regimes designed to benefit and protect federal employees with disabilities: the Rehabilitation Act of 1973 and the disability retirement provisions of the Federal Employees' Retirement System Act of 1986. To prevail on a claim of disability discrimination under the Rehabilitation Act, plaintiffs must show that they could "perform the essential functions" of their jobs either "with or without...

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