McCoy

McCoy v. Department of Army

Good Law
789 F. Supp. 2d 1221·24 Am. Disabilities Cas. (BNA) 1462·2011 U.S. Dist. LEXIS 58355
United States District Court, Eastern District of CaliforniaJune 1, 2011CIV. S-09-1973 LKK/CMKCalifornia5,908 words

Opinion

Opinion

Karlton, J.

ORDER

Roslyn McCoy, a former employee of the Army Corps of Engineers brought this employment discrimination suit. Plaintiff claims that she was terminated from her clerical position with the Corps because of her dyslexia, in violation of the Rehabilitation Act of 1973. The complaint alleges both retaliation and disparate treatment. Pending before the court is a motion for summary judgment by defendant John McHugh, Secretary of the Army. For the reasons explained below, defendant’s motion is GRANTED with respect to plaintiffs claim for compensatory damages for retaliation, and is DENIED in all other respects.

I. Plaintiffs Allegations

Plaintiff began her employment as an administrative support assistant in the Equal Employment Opportunity office at the Army Corps of Engineers in May 2005. She was hired through the Workforce Recruitment Program, which provides funding for agencies within the Defense Department to hire people with disabilities for limited terms. Plaintiff self-designated as having a learning disability when she applied for the job.

Prior to starting work, plaintiff spoke to supervisor Linda Brown about her disability, and they discussed accommodations that would…

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