Belton v. Shinseki
249 F. Supp. 3d 14
D.D.C.2017Background
- Willie D. Belton was an electrician for the VA who stopped reporting to his assigned facility in August 2003, citing depression and anxiety tied to his workplace and supervisor; medical providers recommended reassignment away from that medical center.
- Between 2003 and 2009 the VA repeatedly requested more detailed medical documentation to evaluate accommodation requests; Belton submitted various medical notes and requested reassignment.
- Belton filed worker’s compensation claims and sought assistance from members of Congress; the MSPB rejected an attempted abandonment removal because his outreach to lawmakers indicated willingness to return.
- In October 2011 the VA proposed terminating Belton for excessive absence without leave; his employment was terminated in December 2011 for prolonged AWOL.
- Belton sued under the Rehabilitation Act alleging disability discrimination, failure to accommodate, and retaliation; the VA moved for summary judgment.
- The district court granted summary judgment for the VA, holding Belton failed to prove he was disabled under the ADA standards applicable to the pre-2009 conduct and that no reasonable jury could find retaliation caused the termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res judicata / exhaustion | Belton contends failure-to-accommodate claim is proper here despite prior related litigation | VA argues claim is barred by prior suit | Court: Not barred — prior suit lacked jurisdiction because Belton had not exhausted administrative remedies then |
| Disability status under the Rehabilitation Act | Belton says depression/anxiety substantially limited concentration, thinking, sleeping and was long-term | VA says impairment was workplace-specific and remediable by reassignment, so not a "disability" pre-2009 ADA test | Court: No disability — medical evidence tied condition to that workplace; impairment not "permanent or long-term" under pre-2009 law |
| Failure to accommodate | Belton alleges VA failed to reassign him per medical recommendations | VA contends it requested sufficient medical proof and acted on available info | Court: Summary judgment for VA because Belton failed to establish a qualifying disability prerequisite to this claim |
| Retaliation | Belton alleges termination followed his accommodation requests and congressional inquiries | VA says termination was for legitimate, nondiscriminatory reason: prolonged AWOL (~900+ days) | Court: No genuine issue — VA provided legitimate reason and record lacks basis for a jury to infer retaliation |
Key Cases Cited
- Haynes v. Williams, 392 F.3d 478 (D.C. Cir.) (workplace-specific impairment remediable by reassignment is not a substantial, long-term disability)
- Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184 (Supreme Court) (ADA "substantially limits" requires permanent or long-term impact)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme Court) (burden-shifting framework for discrimination/retaliation claims)
- Desmond v. Mukasey, 530 F.3d 944 (D.C. Cir.) (Rehabilitation Act elements for employment claims)
- Doak v. Johnson, 19 F. Supp. 3d 259 (D.D.C.) (absence-of-accommodation/termination for absenteeism and summary judgment analysis)
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court) (summary judgment burden on movant)