NIH rescinded proposed removal for medical inability

A federal employee who worked for the National Institutes of Health (NIH) contacted us after receiving a notice of proposed removal for failure to maintain a regular full time schedule and for alleged medical inability to perform his job. We submitted a written response arguing that the proposed removal was discriminatory based on his disability. We noted that this employee suffered from gastrointestinal problems and that he had verbally advised his supervisor of his medical problems and submitted medical documentation requesting the reasonable accommodation of a flexible schedule. Based on our submission, the Agency withdrew the proposed removal.