New York Times, October 28, 2017
Adam Goldman


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[...] They had, the F.B.I. said, provided false or misleading information on the medical forms and exhibited a lack of candor during the internal inquiry. Investigators also concluded that fertility problems were not the only reason Mr. Litton had started taking the drugs. Emails indicated that he might have been using them to improve his performance on the rescue team, which Mr. Litton denies.

They were again suspended without pay. And that September, the couple were finally fired.

The decision infuriated Mr. Litton’s lawyer, Kristin D. Alden, whose firm specializes in representing federal employees. “Medical records show he was dealing with infertility issues as far back as 2001,” she said. “We gave it to the F.B.I. before he was fired. It didn’t matter.”


In September, the judge ruled that Mr. Litton had a disability — his sterility — and that he did not need to disclose the treatments. The judge said the F.B.I.’s use of the medical form violated the Americans With Disabilities Act. The judge also said Mr. Litton was telling the truth when he said the sole reason for seeking the drugs was to treat his condition. [...]

criminal law disability health law policy pharmaceuticals privacy reproductive rights reproductive technologies