Bernard Lopez v. Hansford T. Johnson, Acting Secretary of the Navy

Bernard Lopez appeals the district court’s summary judgment in favor of the Secretary of Navy on his disability discrimination action for compensatory damages under section 501 of the Rehabilitation Act of 1973 (RHA), 29 U.S.C. § 791 . Lopez, whose employer provided computer services as a contractor for the Navy at Puget Sound Naval Shipyard (PSNS), challenges the court’s conclusion that there was no evidence that he was a federal employee within the meaning of section 501 when PSNS denied him a handicap parking permit. We affirm.

I.

Lopez worked for about three months as an employee of Applied Technology Associates (ATA), an independent contractor for the Navy. ATA paid Lopez’ wages and withholding taxes, and was responsible for providing his benefits. From December 1, 1997 to approximately January 13,1998, he received training at PSNS from ATA personnel during the day shift. Lopez has a prosthesis for his right leg that makes walking great distances difficult. Navy transportation was available to him to access his work site inside PSNS during the hours of the day shift.

After his training period ended, Lopez was assigned the graveyard shift, along with other ATA employees,…