DHHS rescinded proposed removal

Our client, who was an employee of the National Institute of Health, received a proposed removal for failure to maintain a full-time schedule and medical inability to perform his job duties.  We submitted a written response, arguing that the proposed removal action constituted disability discrimination.  Our client had advised his supervisor of his medical problems and submitted medical documentation identifying his disorders and requesting the reasonable accommodation of a flexible schedule.  Based on our arguments and evidence, the agency rescinded the proposed removal.