Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:15-cv-00014—Harry S. Mattice, Jr., District Judge.
Argued: December 6, 2016
Decided and Filed: December 29, 2016
Before: BOGGS, GILMAN, and DONALD, Circuit Judges.
BERNICE BOUIE DONALD, Circuit Judge. After the Tennessee Valley Authority
(“TVA”) discharged James Hale for failing a pulmonary function test (“PFT”)—a requirement
imposed by the TVA for employees to maintain their necessary medical clearance—Hale
brought claims for disability discrimination and failure to accommodate under the Americans
with Disabilities Act and the Rehabilitation Act. The TVA moved for summary judgment,
arguing that the court lacked subject-matter jurisdiction to hear the merits of Hale’s claim under
Title VII’s national-security exemption and the Egan doctrine. The district court disagreed, but
certified the case for interlocutory appeal. For the following reasons, we DENY the TVA’s