Pesek

*63 MEMORANDUM ***

Plaintiff-Appellant Toby Pesek brought suit against the Defense Commissary Agency (“DCA”) under the Rehabilitation Act ( 29 U.S.C. §§ 701 et seq.) arguing that he was fired because of a medical disability. The district court granted summary judgment for Appellee (“the government”) because Pesek had failed to comply with the requirements of the Federal Labor-Management Relations Act ( 5 U.S.C. §§ 7101 et seq.) prior to bringing suit. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Pesek, who has cerebral palsy, worked for the DCA as a monitor and was fired for inattention to duty in 2001. 1 According to Pesek, whose version of events we accept for purposes of summary judgment, he was sleeping during unpaid lunch breaks. At the time of his termination he told his supervisors that his “physical condition” made him tired, although he did not explicitly claim that his cerebral palsy was the cause.

Pesek unsuccessfully challenged his termination using an internal grievance process provided for by his union’s collective bargaining agreement. 2 Eight months later Pesek decided that his termination may have been connected to his cerebral palsy and…