DECISION OF THE BOARD OF DIRECTORS
This case is before the Board on the petition of Complainant Edward E. Eastham (“Eastham”), an employee of the U.S. Capitol Police (“USCP”), seeking review of the hearing officer’s decision granting USCP’s motion for summary judgment, pursuant to Section 5.03(d) of the Procedural Rules of the Office of Compliance.
I. Background; Eastham I
Edward Eastham was hired by USCP in 1999 as an electrician technician in the Maintenance Section, and almost immediately suffered a work-related back injury. In 2001, Eastham suffered another back injury at work, and ultimately underwent back surgery in 2002 and again in 2003 following yet another injury. During this entire period, he was given light duty assignments in an effort to accommodate his medical restrictions.
In 2000, he was transferred to the Project Planning Section where he was assigned modified or “hybrid” duties. Unlike other Planning Section employees, he primarily performed Computer Aided Drafting and Design (“CAD”) work, but he was also responsible for managing a small portfolio of projects, which required him to perform quality assurance, surveys and inspections at various project sites around Capitol Hill. Because of medical restrictions on crawling, climbing and like activities, USCP accommodated Eastham by providing assistance to him when his project management duties required such activity. He continued to perform these duties during the years that followed. In late 2004, his doctors determined that he had reached “MMI” – i.e., maximum medical improvement — and in the spring and summer of 2005, he requested a noncompetitive promotion as well as various accommodations under the ADA.
