McKelvey v. Sec'y of U.S. Army, No. 13-2427 (6th Cir. 2014)
Annotate this CaseMcKelvey served in Iraq. In 2004, he attempted to defuse a roadside bomb, and it exploded. He lost his right hand, among other injuries. McKelvey moved back to Michigan and accepted a civilian position with the Army as an operations specialist. At the new job, he received only menial assignments and was constantly taunted by colleagues, often about his war-related injuries. He eventually reached the breaking point and resigned in 2007. McKelvey sued the Army for disability discrimination in violation of the Rehabilitation Act, 29 U.S.C. 791. The Army offered to reinstate him in a new position at a new location that was otherwise equivalent to his old job and later offered $300,000 to settle the whole dispute. He rejected both offers. His claims of hostile work environment and constructive discharge, went to trial. The jury ruled in his favor, awarding him nearly $4.4 million in front pay. The district court vacated that award, however, and the Sixth Circuit affirmed in part, precluding front pay and holding that reinstatement was the proper remedy under the statute. A year after the remand, McKelvey and the Army settled. The district court awarded attorney’s fees to McKelvey as a prevailing party.
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