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Pre-Amendment Rehabilitation Act Case finding no disability by EEOC, law has changed though. Complainant filed an Equal Employment Opportunity (EEO) complaint alleging discrimination on the basis of disability (ankle fusion) when he was denied a reasonable accommodation to return to work on a light duty assignment. Following the initial investigation, the Administrative Judge (AJ) concluded that Complainant failed to establish a prima facie case of disability discrimination because he was unable to demonstrate that he had a disability under the regulations because his ankle disorder was a temporary condition. The Agency issued a Final Agency Decision (FAD) implementing the AJ’s decision. Complainant appealed to the Equal Employment Opportunity Commission’s (EEOC) Office of Federal Operations (OFO).

On appeal, the OFO held that there was no genuine dispute of material fact because Complainant’s ankle impairment did not rise to the level of a disability for purposes of the Rehabilitation Act. The OFO noted that although the Complainant currently had issues with his ankle, it was a temporary issue and was steadily improving, moving him out of the category of disabled, and affirmed the Agency’s FAD finding no discrimination.

William J. McIntyre v. Department of Veterans Affairs, EEOC Appeal No. 01A31380 (May 26, 2004) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/01A31380.txt