DECISION OF THE BOARD OF DIRECTORS
The appellant’s amended claim form in the instant case alleged that her employing office, the Office of the Architect of the Capitol (AOC), violated the Americans with Disabilities Act (ADA) and Rehabilitation Act provisions of the Congressional Accountability Act (CAA), 2 U.S.C. § 1311(a)(3), when it failed to properly engage in an interactive process and failed to provide her with a reasonable accommodation of her disability. The Merits Hearing Officer (MHO) entered an Order granting the AOC’s motion for summary judgment on all claims.
The appellant has timely petitioned the Board to review the MHO’s Order, and the AOC has filed a Response in opposition to the appellant’s petition for review (PFR). Our review discloses genuine disputes over material facts such that summary judgment should not have been entered against the appellant’s accommodation claims. Therefore, upon due consideration of the Hearing Officer’s Orders, the parties’ briefs and filings, and the record in these proceedings, we GRANT the appellant’s PFR, VACATE the Order granting summary judgment, and REMAND this case for a hearing on the merits.
I. Facts and Procedural History
Unless otherwise noted, the following facts are undisputed:
The appellant is employed by the AOC as a Visual Communication Program Specialist at the Capitol Visitor Center (CVC). The appellant’s position description states: “The work is primarily sedentary in an office setting but may require walking throughout the CVC to review exhibits and public interest in handouts and display.” The appellant agrees that her job duties do not involve any tasks that require carrying, lifting, pushing, pulling, or driving. She further states that she is physically able to perform all of her job duties either by teleworking or at the job site, that is, with or without reasonable accommodations. At all relevant times, the appellant had a telework agreement that permitted her to telework 1 day each week throughout the year.
