Fenyang Stewart v. Wilbur L. Ross, Secretary of Commerce, et al.

Should disability-related interference claims brought pursuant to 42 U.S.C. § 12203(b) be analyzed as retaliation claims susceptible to a burden-shifting, but-for analysis, or should they be analyzed under a broader framework according to the original intent of the statutory text?

Is the legal standard of review of a Final Decisions of the Merit Systems Protection Board upholding the removal of a Federal Employee, based on an initial decisions that were decided on the papers without a hearing, de novo review, or the “arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law” standard of review?

Is a district court’s failure to grant a plaintiff discovery on discrimination claims subject to de novo review brought after a final decision from the Merit Systems Protections Board, prior to ruling on a summary judgment motion, a violation of the Fifth Amendment’s guarantee of due process and the property right of continued Federal employment?

Is a transfer of a Federal employee to a prior identified supervisor who is not a trigger of said employee’s Post-Traumatic Stress Disorder a reasonable accommodation under the Rehabilitation Act?