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SOLOMON v. VILSACK

No. 12-5123.

763 F.3d 1 (2014)

Linda SOLOMON, Appellant v. Thomas J. VILSACK, Secretary of Agriculture, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 2014.

Attorney(s) appearing for the Case

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

Denise M. Clark and Les Alderman were on the brief for amicus curiae Metropolitan Washington Employment Lawyers Association in support of appellant. Alan R. Kabat entered an appearance.

Brian P. Hudak , 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.

Opinion for the Court filed by Circuit Judge MILLETT.

MILLETT, Circuit Judge:

Invoking the protections of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., Linda Solomon sought substantial flexibility in her working hours — what is known as a "maxiflex" schedule — as an accommodation for her disability. She alleges that she informally enjoyed a similar accommodation for multiple months, and that her employer allowed at least one other employee in a comparable position in her office...

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