Case: Disability Discrimination/Retaliation (7th Cir.)

The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a retaliation claim under the Rehabilitation Act brought by a disabled citizenship and immigration assistant applicant against the Secretary of Homeland Security, finding that although the Egan rule barring judicial review of security-clearance decisions is not jurisdictional, it still applies to the applicant’s claim that his security clearance was delayed in retaliation for his prior disability discrimination complaints, as adjudicating the claim would require impermissible scrutiny of Executive Branch security-clearance decisions.

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