Gary L. Branham v. John W. Snow, Secretary, United States Department of Treasury/internal Revenue Service

RIPPLE, Circuit Judge.

Gary L. Branham brought this action under the Rehabilitation Act of 1973 (“Rehabilitation Act” or “the Act”), 29 U.S.C. § 701 et seq., against his employer, the Internal Revenue Service (“IRS”), for failing to hire him as a Criminal Investigator in its Criminal Investigation Division. The district court granted the IRS’ motion for summary judgment on the ground that Mr. Branham was not disabled for purposes of the Rehabilitation Act. For the reasons set forth in the following opinion, we now reverse the judgment of the district court and remand the case for proceedings…