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Jefferson v. Austin

2026-09-17

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

TOMMIE JEFFERSON, :

:

Plaintiff, : Civil Action No.: 21-1489 (RC)

:

v. : Re Document No.: 60

:

PETE HEGSETH, Secretary of Defense, :

:

Defendant. :

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Tommie Jefferson brings claims against Pete Hegseth, in his official capacity as

Secretary of Defense, for disability discrimination and retaliation in violation of the

Rehabilitation Act of 1973.1 Mr. Jefferson alleges that while he was employed by the Defense

Intelligence Agency within the U.S. Department of Defense (the “Agency”), he suffered

discrimination on account of his dyslexia, obesity, and diabetes, including when the Agency

denied his request for an alternative work schedule as a reasonable accommodation. Mr.

Jefferson was eventually terminated from his position with the Agency, purportedly because he

committed significant time and attendance violations. Nevertheless, he claims that the real

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In his complaint, Mr. Jefferson also asserted claims under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. See Compl. ¶¶ 163–90, ECF No. 1-1. Nevertheless, neither Title VII nor the ADA “prohibits disability-based discrimination against federal employees; rather, ‘the Rehabilitation Act . . . is the exclusive remedy for federal employees alleging disability discrimination.’” Richardson v. Yellen, 167 F. Supp. 3d 105, 110 (D.D.C. 2016) (quoting Welsh v. Hagler, 83 F. Supp. 3d 212, 222 (D.D.C. 2015)). Furthermore, Mr. Jefferson presses no claims based on a claimed membership in any class protected by Title VII. Accordingly, to the extent Mr. Jefferson continues to assert claims under Title VII or the ADA, summary judgment is granted to Defendant on those claims.

reasons for his termination were the Agency’s anti-disability animus and/or its desire to retaliate

against him for seeking a reasonable accommodation and complaining about discrimination.

Currently before the Court is the Agency’s motion for summary judgment. Upon careful

consideration of the parties’ papers, the proffered evidence, and the applicable legal standards,

the Court finds that the Agency is entitled to summary judgment on Mr. Jefferson’s

discrimination and retaliation claims, which are premised on his termination. Nevertheless, Mr.

Jefferson has met his burden to show that a reasonable jury could conclude that the Agency

failed to accommodate his disability. Accordingly, the Agency’s motion for summary judgment

is denied as to Mr. Jefferson’s failure to accommodate claim.

II. FACTUAL BACKGROUND

From January to July 2016, Plaintiff Tommie Jefferson was employed by the Defense

Intelligence Agency. Pl.’s Opp’n to Def.’s Stmt. of Mat. Facts (“Pl.’s Opp’n to SMF”) ¶ 1, ECF

No. 62-34.2 Mr. Jefferson worked as a Human Resources Specialist in the Agency’s Permanent

2

The Agency argues that neither Mr. Jefferson’s opposition to the Agency’s statement of material facts, see ECF No. 62-34, nor his statement of material facts, see Pl.’s SMF, ECF No. 62-33, complies with Local Civil Rule 7(h). That rule requires an opposition to a motion for summary judgment to “be accompanied by a separate concise statement of genuine issues setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated.” D.D.C. Civ. R. 7(h)(1). The rule also provides that “the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.” Id. The Court agrees that Mr. Jefferson’s opposition to the Agency’s statement of material facts often fails to dispute the factual assertions in the Agency’s statement with record evidence. Furthermore, the Court is not pleased with Mr. Jefferson’s 42-page statement of material facts, which is far from a model of concision, and which is not limited to disputed and material facts. Worse, Mr. Jefferson has effectively used these non-compliant filings to circumvent the 45-page limit for an opposition brief. See D.D.C. Civ. R. 47(e); Pl.’s Opp’n to Def.’s Mot. Summ. J. at 2, ECF No. 62 (instructing the Court to refer to these filings in lieu of a separate “Facts” section in his opposition brief). Under the circumstances, the Court is well within its authority to disregard Mr. Jefferson’s non-compliant filings. See, e.g., Gilbert v. Napolitano, 760 F. Supp. 2d 21, 23 n.1 (D.D.C. 2011), rev’d on other grounds, 670 F.3d 258, 263 (D.C. Cir. 2012). Nevertheless,

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Change of Station/Overseas Allowances team (the “Team”), which was housed within the Office

of Human Resources. Id. As a Human Resources Specialist, Mr. Jefferson, along with fellow

Team members, “had deadlines that had to be met to respond to tickets, or questions, ranging

from just a few hours to a few days.” Id. ¶ 3. Team members interacted with customers over

email, phone, or in-person meetings in the Team’s work areas, and they were expected to be

present to meet customers’ needs during Eastern Standard Time business hours. Id. ¶¶ 3, 17. At

all times relevant to his complaint, Mr. Jefferson alleges that he suffered from three disabilities:

dyslexia, obesity, and diabetes. Id. ¶ 8; Def.’s Ex. A, Dep. of Tommie Jefferson (“Jefferson

Dep.”) at 311–12, ECF No. 60-3.

A. Mr. Jefferson’s Reasonable Accommodation Requests

On or around January 27, 2016, Mr. Jefferson verbally informed Alicia Gottschall, the

Team lead and Mr. Jefferson’s first-line supervisor, that he had a learning disability and needed

special computer software to help him perform his duties. Pl.’s Opp’n to SMF ¶ 9. Shortly

thereafter, Mr. Jefferson contacted the Reasonable Accommodation team within the Agency’s

Office of Equal Opportunity, and Colby Dillard, a Reasonable Accommodation coordinator,

provided him information regarding the process for requesting an accommodation. Id. ¶¶ 7, 10.

On January 29, Mr. Jefferson formally submitted his accommodation request to Ms. Gottschall,

who then forwarded it to Equal Opportunity for processing. Id. ¶¶ 11–12. Equal Opportunity

granted Mr. Jefferson’s request on February 19, thereby providing him with two computer

software programs and a headset system, with an implementation date of March 18, 2016. Pl.’s

Opp’n to SMF ¶¶ 14; Def.’s Ex. A at 86, ECF No. 60-3.

the Court will consider these filings, including for purposes of controverting facts in the Agency’s statement of material facts.

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Separately, Mr. Jefferson made a verbal request to Ms. Gottschall for a “4/10” alternative

work schedule, which, if granted, would have allowed him to work four ten-hour days per work

week rather than five eight-hour days. Pl.’s Opp’n to SMF ¶ 16. Mr. Jefferson does not dispute

that this verbal request was “unrelated to [his] request for reasonable accommodation or any

medical reasons.” Id. Ms. Gottschall denied Mr. Jefferson’s 4/10 request but approved a

different alternative work schedule allowing him to take off every second Thursday. Id. ¶ 20.

The Agency maintains that Mr. Jefferson’s initial 4/10 request was denied because that schedule

was not available to Human Resources employees, see id. ¶ 18, while Mr. Jefferson states that

the reason for the denial was “that [he] hadn’t been with the Agency long enough,” see Pl.’s Ex.

9, Decl. of Tommie Jefferson (“Jefferson Decl.”) ¶ 11, ECF No. 62-9.

Sometime later, Mr. Jefferson again requested an alternative work schedule, but this time,

he submitted a written request through the Agency’s reasonable accommodation process. Pl.’s

Opp’n to SMF ¶ 21; Jefferson Decl. ¶ 13. In support of this request, he submitted a letter from

an endocrinologist dated May 13, 2016, stating that Mr. Jefferson was “being seen regularly for

diabetes and obesity” at a Veteran Affairs (“VA”) medical center and recommending that he “be

allowed to have a flexible work schedule,” including so that he could “attend his appointments at

the VA.” Def.’s Ex. A at 88.

On May 19, 2016, Mr. Jefferson met with Ms. Gottschall and members of the Reasonable

Accommodation team, including Ms. Dillard and Donna Harris, to discuss his request for a

reasonable accommodation in the form of an alternative work schedule. Pl.’s Opp’n to SMF

¶ 21; see also Pl.’s Ex. 8-5, ECF No. 62-8. Mr. Jefferson testified that although his written

request did not specify that he sought a 4/10 schedule, he explained during the meeting that “the

every-[other]-Thursday-off schedule would not meet [his] needs” and that he “really needed the

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four-tens schedule.” Jefferson Decl. ¶ 24. Ms. Gottschall testified that she learned for the first

time during this meeting (“May 19 meeting”) that Mr. Jefferson was requesting an alternative

work schedule to attend medical appointments and that he had submitted medical documentation

in support of this request. Pl.’s Ex. 8, Dep. of Alicia Gottschall (“Gottschall Dep.”) at 70, 113–

14, ECF No. 62-8.

As Mr. Jefferson recounts, Ms. Gottschall sought to deny his request for a 4/10 schedule

during the May 19 meeting on the grounds that it was “against [Agency] policy,” but Ms. Dillard

informed her that she needed to consult with her supervisor, Pedro Chevere, before finalizing a

decision. Jefferson Decl. ¶¶ 26–27. This is consistent with Ms. Harris’s records, which note that

Ms. Dillard stated that Mr. Jefferson was “a qualified individual with a disability,” that Ms.

Gottschall sought to deny his request as “a violation to [Agency] policy,” and that Ms. Dillard

then “let [Ms. Gottschall] know that this [wa]s something that ha[d] to be cleared before we

c[ould] just outright deny it.” Pl.’s Ex. 8-5.

After the May 19 meeting, Ms. Gottschall asked Mr. Chevere and Heather Horsley, the

division chief for the employee services division, about the feasibility of granting Mr. Jefferson a

4/10 schedule. See Pl.’s Opp’n to SMF ¶¶ 6, 22; Pl.’s Ex. 8-6, ECF No. 62-8; Pl.’s Ex. 8,

Gottschall Dep. at 83–84. According to Ms. Gottschall, she told Mr. Chevere and Ms. Horsley

that Mr. Jefferson was seeking a 4/10 schedule as a reasonable accommodation and that Ms.

Dillard had stated at the Reasonable Accommodation meeting that his medical documentation

supported his request. Pl.’s Ex. 8, Gottschall Dep. at 86–87, 114–15. However, Mr. Chevere

informed her that having Mr. Jefferson work a 4/10 schedule would not be “in [the Agency’s]

best interest” because it “would unbalance the workload in the team,” including by limiting “his

availability and accessibility to customers” and the Agency’s “ability to provide timely service,”

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and because it “would also delay his professional development as he would be w/o

supervision/guidance at least 2 hours a day.” Pl.’s Ex. 8-6.

On July 5, 2016, Plaintiff’s request for a 4/10 schedule was formally denied. Pl.’s Opp’n

to SMF ¶ 25; see also Def.’s Ex. A, Jefferson Dep. at 322–23. A few weeks earlier, his

reasonable accommodation had been modified to allow him to take every second Thursday off,

with an implementation date of June 20, 2016. Def.’s Ex. A at 87.

B. Termination of Mr. Jefferson’s Employment

On July 25, 2016, Mr. Jefferson’s employment with the Agency was terminated, effective

July 25, 2016. See Pl.’s Opp’n to SMF ¶ 26; Def.’s Ex. A at 149–51. Mr. Jefferson’s

termination occurred during his initial two-year probationary period, during which time Agency

policy allowed for an employee “to be separated at any time when it is determined the

employee’s conduct or performance is inappropriate,” without a right to appeal. Def.’s Ex. A at

149–50. As further described below, Mr. Jefferson’s termination notice informed him that he

was being terminated because his “time and attendance practices” had “not met the standards

expected of an employee in the Federal Government.” Id. Nevertheless, Mr. Jefferson believes

this justification is pretext for discrimination and/or retaliation.

Mr. Jefferson recounts several confrontations with his supervisors leading up to his

termination. First, around April 2016, Kelly Sanborn, his second-line supervisor, began

correcting his spelling and grammar in emails he sent to customers. Jefferson Decl. ¶¶ 6–7.

According to Ms. Sanborn, she “notic[ed] a pattern of poor communication” in his emails, both

in terms of spelling and grammar and in “misinformation on policy” given to customers. Def.’s

Ex. A, Dep. of Kelly Sanborn (“Sanborn Dep.”) at 374–75, ECF No. 60-3. Ms. Sanborn soon

raised these issues with Ms. Gottschall, who informed her that Mr. Jefferson used special

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computer software in connection with an accommodation. Id. at 366. However, Ms. Sanborn

stated that she did not learn that Mr. Jefferson had a learning disability until around June, when

Reasonable Accommodation told her that his accommodation was for “comprehension.” Id. at

366, 378. In contrast, Mr. Jefferson declared that he brought up his “reading comprehension

reasonable accommodations” with Ms. Sanborn during a meeting he had with her in April.

Jefferson Decl. ¶ 8. He also claimed that at this meeting, Ms. Sanborn “berated [him] on [his]

use of verb tense and minor missed spellings [sic].” Id. ¶ 7.

Second, on May 6, 2016, Mr. Jefferson was questioned about his possession of an iPod,

which was a prohibited item. See Def.’s Ex. A, Sanborn Dep. at 380–82. Ms. Sanborn testified

that after she saw an iPod sitting on Mr. Jefferson’s desk, she informed Ms. Gottschall, who

proceeded to confront Mr. Jefferson about it. Id. at 381–82. Mr. Jefferson explained, however,

that the Agency’s Special Security Office had given him permission to bring his iPod to work,

and he produced the relevant paperwork upon request. Id. at 382.

A few days later, on May 10, 2026, Mr. Jefferson filed a grievance against Ms. Gottschall

and Ms. Sanborn with Equal Opportunity, alleging “discrimination,” “harassment,” and

“retaliation.” See Jefferson Decl. ¶¶ 14–15; Pl.’s Ex. 9-1 at 1, ECF No. 62-9. Mr. Jefferson

complained that although he “notified [his] supervisor of [his] disabilities and submitted

paperwork for reasonable accommodation” during the first week of his employment, his

performance objectives were “written against [his] disability”—in particular, a performance

objective that his communications be “free of spelling & grammatical errors.” Pl.’s Ex. 9-1 at 1.

Although he spoke to Ms. Gottschall regarding this concern, he “was told this is a ‘standard

practice.’” Id. Mr. Jefferson further complained about “hav[ing] been continuously scrutinized

in emails by Ms. Sanborn and Ms. Gottschall over [his] grammatical errors.” Id. The “last

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straw” for Mr. Jefferson occurred when he was “humiliated” by Ms. Sanborn and Ms. Gottschall

over his possession of an iPod. Id. at 2.

Third, Mr. Jefferson clashed with various supervisors over alleged time and attendance

violations. According to his termination notice, Mr. Jefferson was provided guidance on how to

“accurately reflect [his] time and attendance” on several occasions, including at a training during

his first week and by Ms. Gottschall at a team meeting on February 23, 2016. Def.’s Ex. A at

149–50. Ms. Gottschall’s memorandum of that meeting emphasizes, among other policies, that

“everyone is expected to be here and on time,” “no one should be working [comp

time]/ [overtime] without checking with me in advance,” and “if you come in early, that does not

mean you can leave early” without advance approval. Pl.’s Ex. 5 at 5, ECF No. 62-5. The

record also reflects that on April 5, 2016, Ms. Gottschall circulated an email to her team,

including Mr. Jefferson, reiterating these points and adding that effective “immediately,” Team

members were to email her daily with their arrival and departure times to help her keep track of

their hours. Id. at 63.

Mr. Jefferson’s termination notice notes that Ms. Gottschall and Ms. Sanborn had

previously raised concerns with him regarding his time and attendance practices, including that

he was “making unscheduled and unapproved changes to [his] work schedule often without

advanced notice” and that he was inaccurately recording his hours on his timesheets. Def.’s Ex.

A at 149–50. The evidence in the record reveals various incidents. For example, on March 18,

2016, Ms. Gottschall emailed Mr. Jefferson about a “discrepancy” between his timesheet for that

week and his emails to her indicating his arrival and departure times. See Pl.’s Ex. 14-3 at 1–2,

ECF No. 62-14. Mr. Jefferson replied that there was no discrepancy. See id. at 1. In early May,

Ms. Gottschall emailed him again, asking him to explain why he had worked two hours past his

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normal departure time on one day and left two hours early the next. See Pl.’s Ex. 5 at 51. Mr.

Jefferson explained that he modified his schedule to attend a mandatory class. Id. at 50–51.

Furthermore, on June 9, Ms. Sanborn and Ms. Gottschall met with Mr. Jefferson regarding his

timesheet for the pay period ending that week. See Pl.’s Ex. 11 at 9, ECF No. 62-11. By that

point, Mr. Jefferson had been approved to take a regular day off (“RDO”) every other Thursday.

According to a memorandum prepared by Ms. Sanborn, Mr. Jefferson had inaccurately reported

his RDO and shown up to work on his scheduled RDO without prior approval. Id. Going

forward, Ms. Sanborn agreed to “assist [Mr. Jefferson] . . . to correct his timesheet” and Mr.

Jefferson agreed to “ask any questions regarding his timekeeping prior to entering his time.” Id.

The parties agree that at some point, Ms. Gottschall and Ms. Sanborn conferred with

Kristy Thomas, the deputy for technical services in employee relations, regarding Mr. Jefferson’s

work attendance and performance. Pl.’s Opp’n to SMF ¶¶ 5, 45. The record reflects that Ms.

Thomas requested Mr. Jefferson’s badge swipe log on at least two occasions: on March 31, 2016,

see Pl.’s Ex. 31 at 36, ECF No. 62-31, and on May 2, 2016, see Pl.’s Ex. 5 at 61. Ms. Thomas

conducted a review of Mr. Jefferson’s timecards and badge swipe log. See Pl.’s Opp’n to SMF

¶ 46; Pl.’s Ex. 5 at 35–52. By comparing these records, she determined that for pay periods three

to nine of that calendar year—from late January to early May 2016, roughly—Mr. Jefferson

overreported his work hours on his timecards by about 29.5 hours. See Pl.’s Opp’n to SMF ¶ 46;

Pl.’s Ex. 5 at 60; Def.’s Ex. A at 150 (informing Mr. Jefferson that “[b]ased on the badge swipes,

it became evident that despite the clear guidance you had received, you were recording and

receiving pay for time in which you were not at work”).

Ms. Thomas submitted Mr. Jefferson’s records to Sandra Conway in Employee

Management Relations (“EMR”). See Pl.’s Opp’n to SMF ¶ 53. According to Ms. Sanborn, Ms.

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Conway then conferred with her, Ms. Gottschall, Ms. Horsley, and someone from Equal

Opportunity “to address the issues and concerns [the Agency] was having with Mr. Jefferson.”

Pl.’s Ex. 2, Dep. of Kelly Sanborn (“Sanborn Dep.”) at 43–45, ECF No. 62-2; see also Pl.’s

Opp’n to SMF ¶ 61. The group reportedly discussed Mr. Jefferson’s “work performance” and

“time and attendance” and contemplated termination as a possible course of action. Pl.’s Ex. 2,

Sanborn Dep. at 47–48, 53. Equal Opportunity allegedly raised Mr. Jefferson’s “reasonable

accommodation . . . for reading comprehension” to ensure that if the Agency proceeded with

termination, it would not be “encroaching upon” that accommodation. Id. at 53–54. But Ms.

Sanborn stated that the group did not agree to anything at that point. Id. at 48.

Ms. Horsley, meanwhile, testified that she did not attend a meeting between Ms. Conway,

Ms. Sanborn, and Equal Opportunity, but that she did meet with Ms. Conway, Mr. Chevere, Ms.

Thomas, and perhaps Ms. Gottschall about possibly terminating Mr. Jefferson. See Pl.’s Ex. 18,

Dep. of Heather Horsley (“Horsley Dep.”) at 61–62, ECF No. 62-18. While Ms. Horsley also

testified that she did not remember who among those individuals was the first to suggest

terminating Mr. Jefferson, see id. at 62, Ms. Gottschall stated that it was Ms. Horsley, see Pl.’s

Ex. 8, Gottschall Dep. at 299, and Mr. Chevere “imagine[d] that the decision had been made

between [Ms. Gottschall] and Kelly Sanborn” in discussion with Ms. Horsley, see Pl.’s Ex. 16,

Dep. of Pedro Chevere (“Chevere Dep.”) at 89–90, ECF No. 62-16. Ms. Horsley stated that at

the time, she was not aware of Mr. Jefferson’s reasonable accommodation, medical conditions,

alternative work schedule requests, or discrimination complaint. See Pl.’s Ex. 18, Horsley Dep.

at 38, 46, 50–51. Plaintiff disputes this. See Pl.’s Opp’n to SMF ¶ 62.

The record reflects that by June 2, 2016, at the latest, the Agency had decided to move

forward with Mr. Jefferson’s termination. See Pl.’s Ex. 5 at 9; Pl.’s Ex. 8, Gottschall Dep. at

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293. Agency policy at that time stated that for any disciplinary action “involving inappropriate

on-duty conduct, a management official in the employee’s supervisory chain will be the

proposing official and the appropriate higher level management official is the deciding official.”

Def.’s Ex. A at 277; Pl.’s Opp’n to SMF ¶ 60. Ms. Horsley, who was in Mr. Jefferson’s

supervisory chain, was the proposing official and Steven Rush was the final deciding official on

Mr. Jefferson’s termination. Pl.’s Opp’n to SMF ¶¶ 6, 58–59; Pl.’s Ex. 18, Horsley Dep. at 35.

Ms. Horsley testified that when she first received Mr. Jefferson’s case file from EMR, she did

not review his time sheets and badge swipe log or conduct an independent investigation into the

alleged discrepancies between the two. See Pl.’s Ex. 18, Horsely Dep. at 30–31. She also stated,

however, that she later reviewed these records as part of the “final package” for Mr. Jefferson’s

termination and verified that there were indeed discrepancies. See Pl.’s Ex. 18, Horsley Dep. at

31.

As the final deciding official, Mr. Rush reviewed Mr. Jefferson’s case file, see Pl.’s

Opp’n to SMF ¶ 63, including his timecards and badge swipe log and annotations thereto, but

Mr. Rush testified that he did not personally tally Mr. Jefferson’s hours, see Pl.’s Ex. 17, Dep. of

Steven Rush (“Rush Dep.”) at 36, ECF No. 62-17. Mr. Rush declared that he had no knowledge

of Mr. Jefferson’s accommodation requests or disabilities. See Pl.’s Opp’n to SMF ¶ 64; Pl.’s

Ex. 17, Rush Dep. at 29. “After concluding that Plaintiff’s performance and conduct was not up

to the requisite standards, Mr. Rush ultimately signed off on Plaintiff’s notice of termination,

effective July 16, 2016.” Pl.’s Opp’n to SMF ¶ 65.

III. LEGAL STANDARDS

Summary judgment is appropriate “if the movant shows that there is no genuine dispute

as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

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56(a). The mere existence of some factual dispute, however, is insufficient to bar summary

judgment; the dispute must both be “genuine” and pertain to a “material” fact. “A dispute is

‘genuine’ only if a reasonable fact-finder could find for the non-moving party; a fact is only

‘material’ if it is capable of affecting the outcome of the litigation.” Bonnette v. Shinseki, 907 F.

Supp. 2d 54, 67 (D.D.C. 2012) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248

(1986)). In assessing a motion for summary judgment, “all underlying facts and inferences are

analyzed in the light most favorable to the non-moving party.” Id. at 68 (quoting N.S. ex rel.

Stein v. Dist. of Columbia, 709 F. Supp. 2d 57, 65 (D.D.C. 2010)).

“The party seeking summary judgment bears the ‘initial responsibility of informing the

district court of the basis for its motion, and identifying those portions of the pleadings,

depositions, answers to interrogatories, and admissions on file, together with the affidavits, if

any, which it believes demonstrate the absence of a genuine issue of material fact.’” Id. at 67

(quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). The non-movant cannot, however,

avoid summary judgment by “rest[ing] upon the mere allegations or denials of its pleadings.” Id.

at 68. Rather, the non-movant must establish that a material fact is genuinely disputed by citing

to particular parts of materials in the record supporting its position or else demonstrate that the

materials relied upon by the opposing party do not establish the absence of a genuine dispute.

See Fed. R. Civ. P. 56(c)(1).

IV. ANALYSIS

“Under the standards of the Americans with Disabilities Act, incorporated by the

Rehabilitation Act, federal agencies may not ‘discriminate against a qualified individual on the

basis of disability in regard to job application procedures, the hiring, advancement, or discharge

of employees, employee compensation, job training, and other terms, conditions, and privileges

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of employment.’” Qashu v. Rubio, 172 F.4th 28, 33 (D.C. Cir. 2026) (quoting 42 U.S.C.

§ 12112(a)); see also 29 U.S.C. § 791(f). The Rehabilitation Act “bars several different types of

discrimination,” including, relevant here, “failure to accommodate,” “intentional discrimination,

also known as ‘disparate treatment’ discrimination,” and “retaliation.” Drasek v. Burwell, 121 F.

Supp. 3d 143, 153 (D.D.C. 2015) (citation modified). Here, Mr. Jefferson argues that the

Agency violated the Rehabilitation Act by denying his request for a reasonable accommodation

in the form of a 4/10 schedule and by terminating him because of his disabilities and/or in

retaliation for seeking a reasonable accommodation or complaining about discrimination. See

generally Pl.’s Opp’n, ECF No. 62. The Court addresses Mr. Jefferson’s failure to

accommodate, intentional discrimination, and retaliation claims in turn, and concludes that the

Agency is entitled to summary judgment only on the last two claims.

A. Failure to Accommodate

Under the Rehabilitation Act, a federal agency is required to “[make] reasonable

accommodations to the known physical or mental limitations of an otherwise qualified individual

with a disability,…unless [the employer] can demonstrate that the accommodation would impose

an undue hardship on the operation of the business.” 42 U.S.C. § 12112(b)(5)(A); see also 29

U.S.C. § 794(d); Breen v. Dep’t of Transp., 282 F.3d 839, 841 (D.C. Cir. 2002). To prevail on a

claim for failure to accommodate, the plaintiff must demonstrate that (1) he is a qualified

individual with a disability, (2) his employer had notice of his disability, and (3) his employer

denied his request for a reasonable accommodation. See Ward v. McDonald, 762 F.3d 24, 31

(D.C. Cir. 2014). A qualified individual is someone who, “with or without reasonable

accommodation, can perform the essential functions of the employment position that such

individual holds or desires.” 42 U.S.C. § 12111(8).

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“[I]n any action premised on failure to accommodate, the plaintiff typically bears the

burden of providing notice of her disability and the limitations it imposes . . . [and of]

request[ing] any needed accommodation.” Faison v. Vance-Cooks, 896 F. Supp. 2d 37, 57

(D.D.C. 2012). Once an employer has notice of an employee’s disability and desire for an

accommodation, “it is incumbent on the employer to make a reasonable effort to determine the

appropriate accommodation.” Id. at 62. To make this determination, “the employer may need to

‘initiate an informal, interactive process with the individual with a disability in need of

accommodation,’ which ‘process should identify the precise limitations resulting from the

disability and potential reasonable accommodations that could overcome those limitations.’” Id.

(quoting 29 C.F.R. § 1630.2(o)(3)). “Once this process has begun, both the employer and the

employee have a duty to act in good faith.” McNair v. Dist. of Columbia, 11 F. Supp. 3d 10, 16

(D.D.C. 2014) (citation modified). “A party that obstructs or delays the interactive process is not

acting in good faith.” Ward, 762 F.3d at 32 (quoting E.E.O.C. v. Sears, Roebuck & Co., 417

F.3d 789, 805 (7th Cir. 2005)). For example, an employer can be held liable for denying an

accommodation if it “end[s] the interactive process.” Cogdell v. Murphy, No. CV 19-2462 (RC),

2020 WL 6822683, at *7 (D.D.C. Nov. 20, 2020) (quoting Ward, 762 F.3d at 32). But by the

same token, “an employee that materially obstructs the informational exchange—for example, by

withholding relevant medical information—cannot prevail on a failure-to-accommodate claim.”

Ali v. Regan, 111 F.4th 1264, 1275 (D.C. Cir. 2024).

“If the plaintiff establishes a prima facie case of failure to provide reasonable

accommodation, then it is up to the employer to demonstrate that the accommodation would

have imposed an undue burden on its business.” Bonnette, 907 F. Supp. 2d at 77. “This burden

is met if the employer offers an [alternative] accommodation ‘that is reasonable, even if it is not

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the one preferred by the employee.’” Qashu, 172 F.4th at 33 (quoting Ali, 111 F.4th at 1269).

As the D.C. Circuit has explained, “an employer is not required to provide an employee that

accommodation he requests or prefers, the employer need only provide some reasonable

accommodation.” Aka v. Washington Hosp. Ctr., 156 F.3d 1284, 1305 (D.C. Cir. 1998) (en

banc) (quoting Gile v. United Airlines, Inc., 95 F.3d 492, 499 (7th Cir. 1996)); see also Doak v.

Johnson, 19 F. Supp. 3d 259, 274 (D.D.C. 2014).

Here, Mr. Jefferson argues that the Agency failed to provide him a reasonable

accommodation for his obesity and diabetes, as required under the Rehabilitation Act, when it

denied his request for a 4/10 alternative work schedule. See Pl.’s Opp’n at 3–4. He alleges that

he needed the 4/10 schedule to attend weekly medical appointments necessary to control these

medical conditions. Id. at 3. He also notes that he provided medical documentation to Ms.

Dillard substantiating his reasonable accommodation request. See id. at 3–4. The Agency

observes, on the other hand, that Mr. Jefferson’s medical documentation did not state, whether

explicitly or by implication, that Mr. Jefferson needed one day off per work week to control his

medical conditions. Def.’s Mot. Summ. J. (“Def.’s Mot.”) at 12–13, ECF No. 60-1. Moreover,

it maintains that a 4/10 schedule would not have been a reasonable accommodation because it

would have “conflicted with Agency policy and mission goals.” Def.’s Mot. at 13.

The Court first addresses the Agency’s purported lack of notice as to the limitations

imposed by Mr. Jefferson’s disability. Undisputed evidence establishes that, at least as of the

May 19 meeting between Mr. Jefferson, Ms. Gottschall, and members of the Reasonable

Accommodation team, the Agency knew that Mr. Jefferson was “a qualified individual with a

disability,” see Pl.’s Ex. 8-5, and that, in connection with a disability, Mr. Jefferson was

requesting an alternative work schedule to attend medical appointments, see, e.g., Pl.’s Ex. 8,

15

Gottschall Dep. at 70, 113–14. Nevertheless, “[k]nowledge of a disability is different from

knowledge of the resulting limitation.” Waggel v. George Washington Univ., 957 F.3d 1364,

1372 (D.C. Cir. 2020) (quoting Windham v. Harris Cty., 875 F.3d 229, 238 (5th Cir. 2017)). If

the Agency can show that it was not aware that, due to his disability, Mr. Jefferson needed one

day off per week to attend medical appointments—and that this lack of knowledge did not stem

from the Agency’s failure to participate in good faith in an “interactive process . . . [to] identify

the precise limitations” resulting from his disability, see Faison, 896 F. Supp. 2d at 62 (quoting

29 C.F.R. § 1630.2(o)(3))—then the Agency cannot be faulted for rejecting Mr. Jefferson’s

request for a 4/10 schedule and allowing him instead one day off every two weeks. After all,

“[b]efore an employer must make accommodation for the physical or mental limitation of an

employee, the employer must have knowledge that such a limitation exists.” Miller v. Nat’l Cas.

Co., 61 F.3d 627, 629 (8th Cir. 1995); see also Waggel, 957 F.3d at 1372 (“Notice of a disability

does not ordinarily satisfy the ADA’s request requirement, which performs the independent

function of informing an employer of the limitations imposed by the disability and the nature of

the accommodation needed to remedy those limitations.”).3

Here, however, whether Mr. Jefferson informed the Agency of the limitations associated

with his disability is a disputed material fact. It is true, as the Agency observes, that although

Mr. Jefferson’s letter from his endocrinologist stated that he was “being seen regularly for

diabetes and obesity,” it recommended only that he “be allowed a flexible work schedule” to

3

The D.C. Circuit has recognized that “there may well be cases where the plaintiff’s need for an accommodation is so apparent that the defendant must offer one regardless of whether the plaintiff requested it.” Waggel, 957 F.3d at 1372 (quoting Chenari v. George Washington Univ., 847 F.3d 740, 748 (D.C. Cir. 2017)). But the Court does not believe that this is such a case, given that the connection between Mr. Jefferson’s medical conditions and his need for weekly monitoring is not obvious. Mr. Jefferson does not argue otherwise.

16

attend medical appointments, without referencing a need for weekly appointments. Def.’s Ex. A

at 88. Nevertheless, Mr. Jefferson declares that he informed Ms. Gottschall and the Reasonable

Accommodation team during the May 19 meeting that he “really needed the four-tens schedule”

and that “the every-[other]-Thursday-off schedule would not meet [his] needs.” Jefferson

Decl. ¶ 24; Pl.’s SMF ¶ 17.

To be sure, Mr. Jefferson’s declaration is not undisputed. For example, Ms. Dillard, who

attended the May 19 meeting, testified that she did not recall Mr. Jefferson stating that the everyother-Thursday-off schedule was insufficient. See Pl.’s Ex. 6, Dep. of Colby Dillard (“Dillard

Dep.”) at 162, ECF No. 62-6. Furthermore, Mr. Jefferson does not declare or cite evidence

showing that he told the Agency that he needed one day off per week because his medical

conditions required weekly monitoring. Nevertheless, it is undisputed that he told the Agency

that he wanted a 4/10 schedule as a reasonable accommodation to attend medical appointments.

See Pl.’s Ex. 8, Gottschall Dep. at 70, 113–14. And at this stage, the Court must accept Mr.

Jefferson’s statement that he told the Agency that the every-other-Thursday-off schedule would

not meet his needs. See Greene v. Dalton, 164 F.3d 671, 675 (D.C. Cir. 1999) (“[A]s a [general]

rule, statements made by the party opposing a motion for summary judgment must be accepted

as true for the purpose of ruling on that motion.”). Viewing this evidence in the light most

favorable to Mr. Jefferson, a reasonable jury could find that, in fact, Mr. Jefferson informed the

Agency of the limitations imposed by his disability—in other words, that due to his disability, he

needed a flexible schedule to attend medical appointments, and that although a 4/10 schedule

would accommodate that need, an every-other-Thursday-off schedule would not.

Of course, assuming Mr. Jefferson informed the Agency of these limitations, the Agency

was not required to take Mr. Jefferson’s statements at face value. If the need for a 4/10 schedule

17

as an accommodation was not “obvious” to the Agency, it could have “require[d] that [Mr.

Jefferson] . . . provide documentation of the need” specifically for that schedule. Ward, 762 F.3d

at 31–32. Had the Agency requested this information and Mr. Jefferson subsequently

“materially obstruct[ed] the informational exchange,” the Court would have had no issue

granting summary judgment to the Agency on Mr. Jefferson’s failure to accommodate claim.

Ali, 111 F.4th at 1275. But that is not what happened. Rather, the record shows that

immediately after the May 19 meeting, Ms. Gottschall conferred with her supervisor, Mr.

Chevere, about Mr. Jefferson’s request for a 4/10 schedule, and Mr. Chevere denied the request

on the grounds that it would “unbalance the workload in the team” and “delay [Mr. Jefferson’s]

professional development.” Pl.’s Ex. 8-6. Furthermore, the Agency cites no evidence that,

having denied Mr. Jefferson’s request for a 4/10 schedule, it continued an “interactive process”

with Mr. Jefferson to identify the limitations resulting from his disability and an appropriate

alternative accommodation. Faison, 896 F. Supp. 2d at 62 (quoting 29 C.F.R. § 1630.2(o)(3)).

Viewing this record in the light most favorable to Mr. Jefferson, a reasonable jury might even

find that the Agency improperly “ended the interactive process.” Cogdell, 2020 WL 6822683, at

*7.

Nevertheless, the Agency points out that it was not required to provide Mr. Jefferson his

preferred accommodation of a 4/10 schedule, but only “some reasonable accommodation.” Aka,

156 F.3d at 1305 (emphasis added); see also Def.’s Mot. at 12. In the Agency’s view, it fulfilled

this obligation when, a few weeks after denying him a 4/10 schedule, it granted him an

alternative accommodation that allowed him to take off one Thursday every two weeks. See

Def.’s Mot. at 12; Pl.’s Opp’n to SMF ¶ 25. However, the Court cannot say that this alternative

accommodation was reasonable as a matter of law. A “reasonable” accommodation “must be

18

responsive to and tailored to a specific disability.” Coleman-Adebayo v. Leavitt, 326 F. Supp. 2d

132, 143 (D.D.C. 2004). Assuming the Agency was aware of Mr. Jefferson’s need for weekly

appointments, a reasonable jury could find that the alternative accommodation granted to Mr.

Jefferson was not tailored to his disability. Separately, the Agency also seemingly argues that it

is entitled to summary judgment on Mr. Jefferson’s failure to accommodate claim because a 4/10

schedule would have “imposed an undue burden” on the Agency. Bonnette, 907 F. Supp. 2d at

77; see also Def.’s Reply to Pl.’s Opp’n to Def.’s Mot. (“Def.’s Reply”) at 3–4, ECF No. 63. On

this point, the Agency bears the burden of proof. See Bonnette, 907 F. Supp. 2d at 77. But here,

too, the evidence is disputed. For example, according to Ms. Gottschall, Mr. Chevere informed

her that a 4/10 schedule would unbalance the Team’s workload and limit its ability to provide

timely service to customers. Pl.’s Ex. 8-6. When asked about these statements, Mr. Chevere

explained that “[a]ny time that an employee is not in the office and a customer comes in to see

that person, someone else has to stop whatever they are doing to take care of his customer.” Pl.’s

Ex. 16, Chevere Dep. at 133. Nevertheless, as Mr. Jefferson points out, Ms. Gottschall

conversely testified that granting an employee a 4/10 schedule would not necessarily unbalance

the Team’s workload, as that employee could, under that schedule, theoretically still fulfill his

job duties without needing to redistribute them. See Pl.’s Ex. 8, Gottschall Dep. at 182–85; Pl.’s

Opp’n at 4.

The Agency additionally notes that it denied Mr. Jefferson’s request for a 4/10 schedule

“because of an office policy disallowing Agency employees on the Team from having such an

alternative work schedule.” Def.’s Mot. at 12. Of course, the existence of such a policy could

show that the Agency believed that a 4/10 schedule was unworkable, and it might even bear on

the schedule’s objective reasonableness. However, an employer must be “willing to consider

19

making changes in its ordinary work rules . . . in order to enable a disabled individual to work.”

Faison, 896 F. Supp. 2d at 56 (quoting Vande Zande v. Wisconsin, 44 F.3d 538, 542 (7th Cir.

1995)). Assuming that such a policy existed, the Court believes that a reasonable factfinder

could not conclude from its existence alone that a 4/10 schedule would have imposed an undue

burden on the Agency.

In sum, the Court cannot conclude, as a matter of law, either that the alternative

accommodation granted to Mr. Jefferson was reasonable or that his preferred accommodation of

a 4/10 schedule would have imposed an undue burden on the Agency. Accordingly, the Court

denies summary judgment to the Agency on Mr. Jefferson’s failure to accommodate claim.

B. Discrimination

The Rehabilitation Act “governs employee claims of [disability] discrimination against

the Federal Government.” Montgomery v. McDonough, 682 F. Supp. 3d 1, 14 (D.D.C. 2023)

(quoting Ward, 762 F.3d at 28). “[B]ecause of the similarities between the Rehabilitation Act

and the ADA, cases interpreting either are applicable or interchangeable.” Id. at 14–15 (quoting

Alston v. Washington Metro. Area Transit Auth., 571 F. Supp. 2d 77, 81 (D.D.C. 2008)). One

exception, however, is that “the Rehabilitation Act has a clear ‘but-for’ causation standard.” Id.

at 15. Accordingly, to prevail on a claim for disability discrimination under the Rehabilitation

Act, a plaintiff must establish that (1) he was a qualified individual with a disability, (2) his

employer knew of his disability, and (3) he suffered an adverse employment action because of

his disability. See id.

“Ordinarily, in cases involving only indirect evidence of discrimination . . . , courts apply

the McDonnell Douglass burden shifting framework to determine whether the adverse

employment action was taken ‘because of’ the alleged disability.” Ramsey v. Moniz, 75 F. Supp.

20

3d 29, 47 (D.D.C. 2014). However, as the D.C. Circuit has explained, if the employer has

proffered a legitimate, non-discriminatory justification for the challenged action, the court need

not decide whether the plaintiff has made out a prima facie showing of discrimination under the

McDonnell Douglas framework. See id. at 48. Instead, the court need only assess whether the

employee has “produced sufficient evidence for a reasonable jury to find that the employer’s

asserted non-discriminatory reason was not the actual reason and that the employer intentionally

discriminated against the employee.” Id. (quoting Brady v. Off. of Sergeant at Arms, 520 F.3d

490, 494 (D.C. Cir. 2008)).

Here, the Agency has proffered a non-discriminatory justification for terminating Mr.

Jefferson: his “continuous and significant violations of the Agency’s time and attendance

policy.” Def.’s Mot. at 14. Consistent with that claim, the Agency’s termination notice to Mr.

Jefferson indicated that he was being separated because his “time and attendance practices” had

“not met the standards expected of an employee in the Federal Government.” Def.’s Ex. A at

149–50. One of the Agency’s principal findings in that regard was that, over a period of about

three months, he inaccurately recorded approximately 29.5 hours on his timecards. See id. at

150. Nevertheless, Mr. Jefferson contests that finding. See Pl.’s Opp’n at 21–26. He argues that

his purported time and attendance violations are a mere “coverup” for the Agency’s true

motivations: discrimination and/or retaliation. Id. at 21.

As evidence of the Agency’s discriminatory animus, Mr. Jefferson points to several

incidents in which his supervisors criticized and admonished him over work-related issues. See

id. at 5–6. It is true that evidence of discrimination can include “statement[s] or written

document[s] showing a discriminatory motive on [their] face.” Drasek, 121 F. Supp. 3d at 161

(quoting Bowden v. Clough, 658 F. Supp. 2d 61, 87 n.19 (D.D.C. 2009)). However, the

21

statements and actions that Mr. Jefferson cites are not facially discriminatory. Viewed in the

light most favorable to Mr. Jefferson, these “at most . . . indicate[] personal animosity” on the

part of his supervisors, but not discriminatory animus. Id. For example, Mr. Jefferson makes

much of the fact that, when Ms. Gottschall and Ms. Sanborn confronted him about his possession

of an iPod at work, one of them allegedly asked him whether his iPod was a part of the softwarerelated reasonable accommodation he had received. See Pl.’s SMF ¶ 14; Jefferson Decl. ¶ 16.

But no reasonable jury could ascribe anti-disability animus to his supervisor based on that

question alone. Cf. Drasek, 121 F. Supp. 3d at 161 (holding that an email from an employee

criticizing the plaintiff’s “ability to think,” but not explicitly referencing the plaintiff’s bipolar

disorder, was not facially discriminatory).

Similarly, Ms. Sanborn’s criticism of Mr. Jefferson’s “use of verb tense and minor

missed [sic] spellings” is not facially discriminatory. Pl.’s SMF ¶ 3. Although Mr. Jefferson

claims that Ms. Sanborn “berated” him over his writing during an April 2016 meeting “despite

being aware of [his] dyslexia-related accommodations,” he does not adduce evidence from which

a factfinder could reasonably infer that Ms. Sanborn harbored anti-dyslexia animus. Id. Ms.

Sanborn testified that when she “was correcting [Mr. Jefferson’s] spelling and grammar,” she did

not know that his accommodations were related to a learning disability. Def.’s Ex. A, Sanborn

Dep. at 366, 378. Mr. Jefferson disputes this, arguing that he brought up his “reading

comprehension reasonable accommodations” during the April 2016 meeting. Jefferson Decl.

¶ 8. But even assuming that Ms. Sanborn learned at this meeting that Mr. Jefferson had a

learning disability, Mr. Jefferson’s testimony suggests that Ms. Sanborn began correcting him

even before that meeting, see id. ¶ 6, and he does not point to evidence that Ms. Sanborn

continued berating him about his spelling and grammar after that meeting.

22

Mr. Jefferson’s evidence that his performance objectives were “written against [his]

disability” also falls short of raising a reasonable inference of discrimination. Pl.’s Ex. 9-1 at 1.

He takes issue with a performance objective that his communications be “free of spelling &

grammatical errors.” Id. Certainly, an inference of discrimination could be raised if his

supervisors knew that he had dyslexia yet insisted on imposing that objective. But the evidence

overwhelmingly shows that this was not the case. First, Ms. Gottschall testified that she included

that objective in error. See Pl.’s Ex. 8, Gottschall Dep. at 156. Second, according to a record of

the Reasonable Accommodation meeting that took place on May 19, 2016, Ms. Gottschall

“agreed” to modify that objective to state that Mr. Jefferson’s communications could have

“minimal errors until she reviews them.” Pl.’s Ex. 8-5. Third, that modification was, in fact,

adopted. See Def.’s Ex. A at 87 (changing the verbiage of the objective to “communications

have minimal spelling and grammatical errors”).

In any event, even if a reasonable inference could be made that Ms. Gottschall’s or Ms.

Sanborn’s actions were tainted with discriminatory animus, neither of them was ultimately

responsible for Mr. Jefferson’s termination. Mr. Jefferson does not dispute that Ms. Horsley

issued the recommendation and Mr. Rush took the final decision to terminate him. See Pl.’s

Opp’n to SMF ¶¶ 58–59. He argues, however, that Ms. Gottschall and Ms. Sanborn “initiated

the firing and wrote the firing memo” and that their “animus infected the Rush decisional process

sufficiently for a jury to potentially hold [the Agency] liable.” Pl.’s Opp’n at 6 & n.13. In so

arguing, he invokes the “cat’s paw” theory of liability,4 under which “the discriminatory animus

4

“The phrase derives from an Aesop fable, later put into verse by Jean de La Fontaine, in which a wily monkey flatters a naïve cat into pulling roasting chestnuts out of a roaring fire for their mutual satisfaction; the monkey, however, devours them fast, leaving the cat with a burnt paw and no chestnuts for its trouble.” Vasquez v. Empress Ambulance Serv., Inc., 835 F.3d 267, 271–72 (2d Cir. 2016) (citation modified).

23

of a subordinate who recommends an adverse employment decision is imputed to the selecting

officer who relies on the subordinate’s recommendation.” Klotzbach-Piper v. Nat’l R.R.

Passenger Corp., No. CV 18-1702 (RC), 2021 WL 4033071, at *10 (D.D.C. Sept. 3, 2021)

(quoting Brandli v. Micrus Endovascular Corp., 209 F. Supp. 3d 356, 361 (D.D.C. 2016)). To

prevail on this theory, a plaintiff must show that (1) the subordinate performed an act motivated

by discriminatory animus, (2) the subordinate intended the act to cause an adverse employment

action, and (3) that act was a cause of the adverse employment action. See id.

Mr. Jefferson’s cat’s paw argument is without merit. To start, Mr. Jefferson fails to

substantiate his claim that Ms. Gottschall or Ms. Sanborn recommended his firing. Although

Ms. Gottschall testified that she was asked to prepare Mr. Jefferson’s termination notice, she

noted that it was Ms. Horsley “who first suggested terminating Mr. Jefferson.” Pl.’s Ex. 8,

Gottschall Dep. at 293, 299. Mr. Jefferson counters that Mr. Chevere “admit[ted] Gottschall and

Sanborn initiated the firing.” Pl.’s SMF ¶ 18. However, a review of the portion of Mr.

Chevere’s testimony that Mr. Jefferson cites reveals that Mr. Chevere stated only that he

“imagine[d]” that the termination decision “had been made between” Ms. Gottschall, Ms.

Sanborn, and Ms. Horsley. Pl.’s Ex. 16, Chevere Dep. at 89–90.

And even if Mr. Jefferson could show that Ms. Gottschall or Ms. Sanborn recommended

that he be terminated, the cat’s paw theory would not help him. Because a but-for causation

standard applies to discrimination claims under the Rehabilitation Act, Mr. Jefferson cannot

prove cat’s paw discrimination unless he demonstrates, for example, that his immediate

supervisors discriminatorily criticized his spelling and grammar so that the Agency would

terminate him, and that their actions were a but-for cause of Mr. Rush’s ultimate decision to

24

terminate him.5 Cf. Klotzback-Piper, 2021 WL 4033071, at *11 (observing that even if the

plaintiff could show that a trainer “discriminatorily evaluated her so that Amtrak would not

certify her, she [could not] demonstrate that [the trainer’s] actions were a but-for . . . cause” of a

foreman’s decision denying her certification); see also id. at *10 (“Exactly how close a causal

connection must be to satisfy the third element [of the cat’s paw analysis] depends on the cause

of action.”). Mr. Jefferson adduces no evidence from which a trier of fact could rationally

conclude that Mr. Rush would not have decided to fire him but for Mr. Jefferson’s immediate

supervisors’ allegedly discriminatory actions.

In fact, the Agency puts forward substantial evidence that the real reason it terminated

Mr. Jefferson was that he failed to meet its expectations regarding time and attendance, such as

by “recording and receiving pay for time in which [he] was not at work.” Def.’s Ex. A at 150.

Mr. Jefferson fiercely disputes that accusation. See Pl.’s Opp’n at 21–26. He insists, for

example, that Ms. Thomas made serious rounding errors in calculating the purported

discrepancies between the hours he reported on his timecards and the hours reflected in his badge

swipe logs. See, e.g., id. at 25 (providing examples of alleged miscalculations, including the

5

The Supreme Court has approved the application of the cat’s paw theory under the Uniformed Services Employment and Reemployment Rights Act, a statute “very similar to Title VII.” Staub v. Proctor Hosp., 562 U.S. 411, 417 (2011). Accordingly, several circuits, including the D.C. Circuit, have adopted this theory in Title VII cases. See Burley v. Nat’l Passenger Rail Corp., 801 F.3d 290, 297 & n.1 (D.C. Cir. 2015); Vasquez, 835 F.3d at 272 (collecting cases). However, the D.C. Circuit has not addressed whether the cat’s paw theory applies in Rehabilitation Act cases. At least one district court in another circuit has declined to extend this theory to the Rehabilitation Act context because, unlike Title VII cases, which allow for mixed-motive causation, the Rehabilitation Act requires stricter but-for causation. See Natofsky v. City of New York, No. 14 CIV. 5498 (NRB), 2017 WL 3670037, at *12 (S.D.N.Y. Aug. 8, 2017); see also Zuro v. Town of Darien, 432 F. Supp. 3d 116, 130 (D. Conn. 2020) (declining to decide whether the cat’s paw theory applies in the Rehabilitation Act context). This Court need not reach this issue. As explained above, even if the cat’s paw theory applies, Mr. Jefferson cannot show that his immediate supervisors’ actions were a but-for cause of Mr. Rush’s decision to terminate him.

25

improper docking of 45 minutes on February 3, 2016; 45 minutes on February 18, 2016; and 15

minutes on February 19, 2016). Furthermore, he presents evidence that on at least one occasion,

the Agency failed to account for his use of a temporary badge. Although Ms. Thomas calculated

that he falsely reported eight hours of work on February 23, 2016—given that his badge swipe

log lacked entries for that day—Mr. Jefferson maintains that he used a temporary badge that day.

See Pl.’s Opp’n at 24. As he points out, a memorandum from Ms. Gottschall notes Mr.

Jefferson’s presence at a meeting held on February 23. See Pl.’s Ex. 5 at 5.

Mr. Jefferson’s evidence is sufficient for a reasonable factfinder to conclude that at least

some of the Agency’s calculations are incorrect. Nevertheless, such evidence is not enough to

stave off summary judgment. “Once the employer has articulated a non-discriminatory

explanation for its action . . . , the issue is not ‘the correctness or desirability of [the] reasons

offered…but whether the employer honestly believes [them].’” Fischbach v. D.C. Dep’t of

Corr., 86 F.3d 1180, 1183 (D.C. Cir. 1996). Thus, “to avoid summary judgment, [Mr. Jefferson]

must adduce evidence from which a reasonable jury could find that [the Agency’s] proffered

reason ‘is a lie,’ in the sense that it is not an honestly held belief.” Dyer v. McCormick &

Schmick’s Seafood Restaurants, Inc., 264 F. Supp. 3d 208, 226 (D.D.C. 2017) (quoting Aka, 156

F.3d at 1288 n.3). “That said, in some circumstances, ‘the fact that a proffered reason is

objectively false may undermine an employer’s professed honest belief in that reason.’” Id.

(quoting George v. Leavitt, 407 F.3d 405, 415 (D.C. Cir. 2005)). In other words, “a belief may

be so unreasonable that a factfinder could suspect it was not honestly held.” Id. at 227 (quoting

DeJesus v. WP Co. LLC, 841 F.3d 527, 534 (D.C. Cir. 2016)). But here, Mr. Jefferson does not

adduce evidence reasonably suggesting that the Agency knowingly lied about his time and

attendance violations or that the purported violations are so “unreasonable,” id. (quoting

26

DeJesus, 841 F.3d at 534), that a “trier of fact c[ould] reasonably infer from the falsity of the

explanation” that the Agency was attempting to “cover up a discriminatory purpose,” id. at 226–

27 (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 147 (2000)).

On this latter point, consider, for example, the incident in which Ms. Gottschall

admonished Mr. Jefferson for working irregular hours. According to Mr. Jefferson, on May 2,

2016, Ms. Gottschall reprimanded him for working two hours past his normal departure time on

the Thursday of the preceding week and leaving two hours early the following day without

informing her. Pl.’s SMF ¶ 12; see also Pl.’s Ex. 5 at 50–51. Mr. Jefferson emphasizes that he

explained to Ms. Gottschall that he had to stay late to attend a mandatory class. See Pl.’s SMF

¶ 12. But he does not dispute that he failed to alert Ms. Gottschall of his intention to leave early

the following day, despite her stated prohibition on employees leaving early without advance

approval. See Pl.’s Ex. 5 at 5, 50.

Moreover, although Mr. Jefferson challenges Ms. Thomas’s calculations, he effectively

concedes that he inaccurately reported at least some of the hours at issue in his termination

notice. For example, for the pay period beginning on April 4 and ending on April 15, 2016, Ms.

Thomas concluded that Mr. Jefferson was not present at work for three of the 80 hours that he

claimed on his timecard. See Pl.’s Ex. 5 at 39. In his statement of material facts, Mr. Jefferson

argues that Ms. Thomas improperly discounted anywhere between one and fourteen minutes on

each day of that pay period, adding up to 90 minutes total. See Pl.’s SMF ¶ 26.c. But even

subtracting those 90 minutes from the three hours Ms. Thomas calculated, Mr. Jefferson would

still have overreported the remaining 90 minutes.

As the examples above illustrate, Mr. Jefferson’s evidence cannot wholly disturb the

Agency’s determination that his “time and attendance practices” fell below the “standards

27

expected” of its employees. Def.’s Ex. A at 149. At minimum, this means that such

determination is not so “objectively false” that a trier of fact could reasonably infer, solely from

its falsity, that the Agency did not genuinely believe its own justification for terminating Mr.

Jefferson. Dyer, 264 F. Supp. 3d at 226 (quoting George, 407 F.3d at 415).

Mr. Jefferson makes a final attempt to cast doubt on the Agency’s reason for his

termination using comparator evidence. As the D.C. Circuit has recognized, by “show[ing] that

similarly situated employees [without a plaintiff’s protected characteristic] received more

favorable treatment,” a plaintiff can “discredit [the] employer’s justification” for a challenged

adverse action. Wheeler v. Georgetown Univ. Hosp., 812 F.3d 1109, 1115 (D.C. Cir. 2016)

(quoting Royall v. Nat’l Ass’n of Letter Carriers, AFL-CIO, 548 F.3d 137, 145 (D.C. Cir. 2008)).

Mr. Jefferson regards Luke Parrott, a “white, non-disabled” employee, as his comparator. Pl.’s

Opp’n at 6. Like Mr. Jefferson, Mr. Parrott worked under Ms. Gottschall and Ms. Sanborn, and

at one point, Ms. Gottschall found discrepancies between Mr. Parrott’s timecards and badge

swipes. Id. at 34; Pl.’s Ex. 8, Gottschall Dep. at 94–96. Yet unlike Mr. Jefferson, Mr. Parrott

was not fired. Pl.’s Opp’n at 34. Mr. Jefferson leaves out crucial details, however, that render

Mr. Parrott an inadequate comparator. Most importantly, Ms. Gottschall testified that once she

reported Mr. Parrott’s records to EMR, EMR disagreed that there were discrepancies in the

records, after which no disciplinary action against Mr. Parrott was taken. Pl.’s Ex. 8, Gottschall

Dep. at 96. In contrast, no evidence here suggests that any supervisor disagreed with Ms.

Thomas’s calculations of Mr. Jefferson’s timesheet discrepancies before he was terminated.

Furthermore, as the Agency notes, Mr. Jefferson has not established that Mr. Parrott was, like

him, a probationary employee, which he would need to do to show that he and Mr. Parrott were

similarly situated. See Def.’s Reply at 12; cf. McKenna v. Weinberger, 729 F.2d 783, 789 (D.C.

28

Cir. 1984) (concluding that two “permanent employees” were “not similarly situated” to the

plaintiff, a probationary employee).

In sum, the Court concludes that no reasonable jury could find that the Agency’s belief

that Mr. Jefferson’s time and attendance practices were inadequate was not the real reason it

decided to terminate him. Accordingly, the Court grants summary judgment to the Agency on

Mr. Jefferson’s disability discrimination claim.

C. Retaliation

The Court reaches the same conclusion with respect to Mr. Jefferson’s retaliation claim.

The Rehabilitation Act “prohibits retaliation against an individual for exercising her rights under

the Act.” Doak, 798 F.3d at 1099. To establish a claim for retaliation, the plaintiff must show

that (1) “he engaged in statutorily protected activity,” (2) “he suffered a materially adverse action

by h[is] employer,” and (3) “a causal link connects the two.” Solomon v. Vilsack, 763 F.3d 1, 14

(D.C. Cir. 2014). “Retaliation claims brought under the Rehabilitation Act are subject to the

same standards as Rehabilitation Act discrimination claims—i.e., to prove the ‘causal

connection’ in a retaliation case brought under the Rehabilitation Act[,] the plaintiff must show

‘that the adverse action would not have occurred but for the protected activity.’” Drasek, 121 F.

Supp. 3d at 162 (quoting Marshall v. Potter, 634 F. Supp. 2d 66, 73 (D.D.C. 2009)). And as

with Rehabilitation Act discrimination claims, once an employer “c[omes] forward with a

legitimate, non-retaliatory justification for [its] actions,” the McDonnell Douglas burden-shifting

framework falls aways, and the sole question becomes whether there is enough evidence for a

reasonable jury to discredit the employer’s justification and find that the employer retaliated

against the plaintiff. Solomon, 763 F.3d at 14.

29

“[T]he act of requesting in good faith a reasonable accommodation is a protected

activity” under the Rehabilitation Act. Id. at 15. Courts have similarly found that “informal

complaints [of disability discrimination] to management are considered protected activity under

the Rehabilitation Act.” Volpe v. New York City Dep’t of Educ., 195 F. Supp. 3d 582, 596

(S.D.N.Y. 2016) (citation omitted). Here, Mr. Jefferson argues that he engaged in statutorily

protected activity when he lodged a discrimination grievance against Ms. Gottschall and Ms.

Sanborn on May 10, 2016, and when he requested a 4/10 schedule as a reasonable

accommodation for his obesity and diabetes during a meeting with the Reasonable

Accommodation team on May 19, 2016. See Pl.’s Opp’n at 10, 16. He alleges that the “[c]lose

temporal proximity” between his protected activity and the Agency’s decision to terminate

him—which was taken by June 2, 2016, at the latest—gives rise to an inference of retaliation and

precludes summary judgment on this claim. See id. at 16.

The Court disagrees. “[A]lthough temporal proximity can indeed support an inference of

causation for purposes of establishing a prima facie case of retaliation, once a defendant proffers

a legitimate reason for its adverse action, temporal proximity standing alone is not sufficient to

defeat the proffer and to support a finding of retaliation.” Husain v. Barsa, No. CV 15-708

(RDM), 2021 WL 663206, at *14 (D.D.C. Feb. 19, 2021) (citation modified). For the reasons set

forth above, Mr. Jefferson has failed to put forward sufficient evidence from which a reasonable

trier of fact could infer that the Agency’s belief that he committed time and attendance violations

was not the real reason it terminated him. Indeed, the undisputed evidence shows that his

supervisors began admonishing him about his time and attendance practices no later than March

2016, before he requested a 4/10 schedule as a reasonable accommodation or accused his

supervisors of discrimination. See, e.g., Pl.’s Ex. 14-3 at 1–2; Clark Cnty. Sch. Dist. v. Breeden,

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532 U.S. 268, 272 (2001) (“[P]roceeding along lines previously contemplated, though not yet

definitively determined, is no evidence whatsoever of causality.”); Pinney v. Isaacman, No. 19-CV-2259 (JMC), 2026 WL 622255, at *13-14 (D.D.C. Mar. 5, 2026) (relying on Breeden to hold

that no reasonable jury could find that a supervisor’s issuance of a performance improvement

plan to an employee was retaliatory where the supervisor’s underlying concerns predated the

employee’s protected activity). Accordingly, the Court finds that the Agency is entitled to

summary judgment on Mr. Jefferson’s retaliation claim.

V. PLAINTIFF’S REQUEST FOR AN ORDER OF SPOLIATION

In his opposition brief, Mr. Jefferson indicates that he seeks an order of spoliation from

the Court under Federal Rule of Civil Procedure 37(e). See Pl.’s Opp’n at 35–45. Rule 37(e)

“governs a court’s inquiry in deciding whether to impose sanctions for the failure to preserve”

electronically stored information (“ESI”). Borum v. Brentwood Vill., LLC, 332 F.R.D. 38, 43

(D.D.C. 2019). “Under Rule 37(e), when ‘[ESI] that should have been preserved in the

anticipation of litigation is lost because a party failed to take reasonable steps to preserve it, and

it cannot be restored or replaced through additional discovery,’ a court may (1) ‘order measures

no greater than necessary to cure the prejudice,’ or, only upon finding ‘that the party acted with

the intent to deprive another party of the information’s use in the litigation,’ (2) ‘presume that the

information was unfavorable to the party, instruct the jury that it may or must presume the

information was unfavorable to the party, or dismiss the action or enter a default judgment.’” Id.

(quoting Fed. R. Civ. P. 37(e)(1)–(2)). In this case, Mr. Jefferson alleges that the Agency failed

to preserve the timesheets and badge swipes of Luke Parrott, his purported comparator. Pl.’s

Opp’n at 6, 40. From this alleged loss, Mr. Jefferson seeks to have the Court presume that Mr.

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Parrott’s records were unfavorable to the Agency—specifically, that those records would have

shown “disparate treatment disadvantaging Jefferson.” Id. at 40.

The Court will not do so.6 Under Rule 37(e)(2), an adverse inference based on the

spoliation of evidence may be drawn only upon a finding that the spoliating party acted with the

intent to deprive the opposing party of the evidence’s use in litigation. See Fed. R. Civ. P.

37(e)(2). But Mr. Jefferson offers no evidence that the Agency acted with this requisite intent.

He notes that the Agency’s counsel was put on notice of Mr. Jefferson’s need for Mr. Parrott’s

records as of 2018, which was within the Agency’s “five-year non-destruction period” for such

records. Pl.’s Opp’n at 40. But “[a] showing of negligence or even gross negligence will not do

the trick” for sanctions under Rule 37(e)(2). Borum, 332 F.R.D. at 48 (quoting Applebaum v.

Target Corp., 831 F.3d 740, 745 (6th Cir. 2016)).

Furthermore, “even if [Mr. Jefferson] were entitled to an adverse inference, it would not

permit [him] to defeat summary judgment.” von Muhlenbrock v. Billington, 579 F. Supp. 2d 39,

45 (D.D.C. 2008). As noted, Mr. Jefferson regards Mr. Parrott as a comparator capable of

showing disparate treatment because, at one point, Ms. Gottschall testified that she found

discrepancies between Mr. Parrott’s timecards and badge swipes, yet Mr. Parrott was not fired.

Pl.’s Ex. 8, Gottschall Dep. at 94–96. But for the reasons noted above, Mr. Jefferson has not

shown that Mr. Parrott is an adequate comparator or, consequently, that Mr. Parrott’s records are

material to Mr. Jefferson’s discrimination and retaliation claims. Accordingly, the loss of those

records cannot entitle him to defeat summary judgment on those claims.

6

Because the Court denies Mr. Jefferson’s request for a finding of spoliation, it also denies his motion in limine, see ECF No. 64, which requests identical relief.

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VI. CONCLUSION

For the foregoing reasons, Defendant’s motion for summary judgment (ECF No. 60) is

GRANTED IN PART AND DENIED IN PART. An order consistent with this Memorandum

Opinion is separately and contemporaneously issued.

Dated: September 17, 2026 RUDOLPH CONTRERAS

United States District Judge

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