EMPLOYEE PLAINTIFF WINS SUMMARY JUDGMENT AS TO LIABILITY IN DISABILITY DISCRIMINATION CASE, CASE SUBSEQUENTLY SETTLES
Judge Henry Kennedy, in the U.S. District Court for the District of Columbia, granted Plaintiff's Motion for Partial Summary Judgment on the issue of liability, in the disability discrimination case of Johnson v. Brown, Civil Action 96-01686. Judge Kennedy concluded that the United States Department of Veterans Affairs violated the Rehabilitation Act by terminating Plaintiff Michael Johnson's employment in 1995, while he was working on a light duty assignment making surgical packs. The Judge ruled that Johnson could have been permitted to remain in the light duty assignment indefinitely without imposing an undue burden on the Agency. Both an MSPB administrative judge and the Equal Employment Opportunity Commission had previously ruled against Johnson and for the Agency. The case was subsequently settled under terms extremely favorable to Johnson.