Peter W. Coons v. Secretary of the U.S. Department of the Treasury, (Internal Revenue Service)

Appellant Peter Coons was demoted by his employer, the Internal Revenue Service (“IRS”). He alleges that he was demoted in violation of his rights under the Rehabilitation Act for discrimination because of a disability and for requesting reasonable accommodations relating to his disability. Finally, Coons alleges that the IRS demoted him in retaliation for making disclosures protected by the Whistleblower Protection Act (“WPA”), in violation of the Civil Service Reform Act.

We hold that the district court correctly found that Coons is not disabled within the meaning of the Rehabilitation Act and that he did not make out a prima facie case for retaliation. However, because . Coons made disclosures that are protected under the Whistleblower Protection Act, we reverse in part the district court’s grant of summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Coons worked for the IRS from 1970 until January 2001. By January 1995, he was a Collection Division Chief and was responsible for a staff of about 400 IRS employees. In early 1997, Coons began making disclosures regarding certain actions taken by IRS officials. He complained to his supervisor, Division Director Robert Ah Nee,…