Return to Selected Americans With Disabilities Act/504 Cases Court's Index

Smith v. Department of Army, 458 F.3d 1359 (8/2006) The agency was found to discriminate against Smith by denying him an accommodation for his disability when a suitable position became available in November 1996. Smith’s removal occurred after the discrimination, on July 19, 1997, and he has alleged that but for that discrimination, he would not have been removed. The agency does not appear to dispute that Smith would not have been removed if he had not suffered the earlier improper action of not being placed in an accommodating position. Instead, the agency argues that any injury to Smith after his removal was caused by his removal and not the discrimination. However, if the removal itself flowed from the discrimination, as Smith alleges, then compensation for the discrimination must include the period after the removal.

Office Of The Architect Of The Capitol v. Office Of Compliance 361 F.3d 633 (3/2004) The Office of the Architect of the Capitol ("AOC") petitions for review of the decision of the Board of Directors of the Office of Compliance ("Board") ordering AOC to permanently assign Juanita Johnson ("Johnson") to the position of subway operator as a reasonable accommodation pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. ("the ADA"), and awarding Johnson back pay, damages, attorney fees, costs, and interest. Johnson v. Office of the Architect of the Capitol, No. 99-AC-326 (DA) (Office of Compliance Nov. 20, 2002). Because substantial evidence shows that a reasonable accommodation of Johnson was possible without causing any undue burden to AOC, we affirm.