Defense Department Worker With PTSD Fails to Revive Bias Claims

The Defense Department was properly granted pre-trial dismissal of an engineer’s mental health-based discrimination lawsuit because his difficulty interacting with others left him unable to fulfill an essential duty, the Sixth Circuit ruled.

Richard Fowlkes’ responsibilities included working with contractors that make military equipment, so his “position demanded effective and respectful communication,” the court said. He had “a series of incidents,” including a blow-up during a call when a contractor seemingly questioned Fowlkes’ reliability. Colleagues also needed to screen his questions for contractors, which could be “a little too inflammatory,” the panel said.

• Fowlkes lacked evidence he was denied reasonable ...