Solomon v. Vilsack

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Plaintiff filed suit against her employer, the Department of Agriculture, after it denied her request for a flexible work schedule based on her depression. Plaintiff sought substantial flexibility in her working hours ("maxiflex" schedule) under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as an accommodation for her disability. The district court granted summary judgment to the Department, concluding that the maxiflex work schedule is an unreasonable request. The court also rejected defendant's retaliation claims. The court concluded, however, that nothing in the Rehabilitation Act establishes, as a matter of law, that a maxiflex work schedule is unreasonable. Accordingly, the court reversed the entry of summary judgment on the accommodation claim; reversed the entry of summary judgment on plaintiff's claim that revoking her permission to work late was in retaliation for requesting accommodations; and remanded those claims for further proceedings. The court affirmed the remainder of the district court's decision. View "Solomon v. Vilsack" on Justia Law