Larry THORNHILL, Plaintiff/Appellant, v. John O. MARSH, Jr., Secretary of the Department of the Army, Defendant/Appellee

Thornhill filed a civil action alleging he was discharged by the Corps of Engineers in violation of the Rehabilitation Act of 1973. 29 U.S.C. § 794 . The district court granted summary judgment for the government on two independent grounds. We reverse.

I

Thornhill was hired by the Corps as a utility man. The job required frequent lifting of up to 50 pounds of material and equipment and occasional lifting of up to 100 pounds. Thornhill’s employment was conditioned on passing a physical examination. X-rays of Thornhill’s back revealed a congenital spinal deformity. The physician who examined Thornhill on the Corps’ behalf, Dr. Bricker, an internist, reported that because of Thornhill’s congenital spinal deformity Thornhill should not lift more than 25 to 50 pounds. The Corps discharged Thornhill. Thornhill was then examined by an orthopedic specialist, Dr. Schwartz, who reported that Thornhill’s deformity did not limit his lifting capacity. Based on Dr. Schwartz’s report, Dr. Brick-er withdrew his earlier opinion that Thorn-hill’s lifting capacity was limited. The Corps nonetheless declined to rehire Thorn-hill.

The district court held that Thornhill’s claim was not covered by…