Fedweek Legal

In Luechtefeld v. Brownlee, 105 LRP 2632 (8th Cir. 1/18/05), the 8th Circuit recently reaffirmed the principle that even employees with recognized disabilities must establish that they can perform their jobs to be successful in a discrimination claim centered on a denied accommodation. The case involved an employee hired under the Veterans Readjustment Act, the purpose of which is to provide opportunities to disabled veterans. The Army hired Mr. Luechtefeld with full knowledge of his “major depression” and significant anxiety.


Mr. Luechefeld suffered a relapse of his depression about six moths after he was hired. He was hospitalized for a week, but when he returned to work, his performance became an issue due to frequent absences and tardiness. The Army reduced his work load and found him an isolated work station to assist him in maintaining concentration (difficulty concentrating was an identified symptom of his depression). However, when he requested an accommodation of a three to six-month period when he would be permitted unlimited absences, the Army rejected the request and fired him.


The Army’s successful defense against Luechtefeld’s discrimination claim focused on their efforts to accommodate him and simultaneous effort to improve his performance. The Army cited four separate meetings with his supervisors where they focused on the need to improve his performance, that he required unusually lengthy time to complete assignments, and the generous amounts of leave time he had already been granted. The court agreed, finding that Mr. Luechtefeld was unable to perform the essential functions of his job despite the extensive accommodations he received.


The lesson learned from this case is that a disabled employee must still be able to perform the essential duties of his job with reasonable accommodation. Otherwise, he will lose his protection under the Rehabilitation Act as amended by the Americans with Disabilities Act.


This information is provided by the attorneys at

Passman & Kaplan, P.C., a law firm dedicated to the

representation of federal employees worldwide. For more

information on Passman & Kaplan, P.C., go to

www.passmanandkaplan.com.