Carol A. Garner, Complainant, v. Gary Locke, Secretary, Department of Commerce (Bureau of the Census), Agency.

11 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,187 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,312 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,406 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993) Cited 1,911 times 14 Legal Analyses
Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
US Airways, Inc. v. Barnett
535 U.S. 391 (2002) Cited 1,076 times 29 Legal Analyses
Holding that "reasonable accommodation" in ADA means more than just effective accommodation
Heyman v. Queens Village Comm. for Mental Hlth
198 F.3d 68 (2d Cir. 1999) Cited 277 times
Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease
Lawson v. CSX Transportation, Inc.
245 F.3d 916 (7th Cir. 2001) Cited 217 times
Holding that the plaintiff's diabetes and related medical conditions, which affected “many of the organ systems in his body,” were physical impairments under the ADA
Hochstadt v. Worcester Foundation for Experimental Biology
545 F.2d 222 (1st Cir. 1976) Cited 248 times 3 Legal Analyses
Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"
Swanks v. Washington Met. Area Transit
179 F.3d 929 (D.C. Cir. 1999) Cited 50 times
Observing that an employer "`may not obtain summary judgment by declaring it has a policy when [the employee] may have evidence that [the employer] follows the policy . . . selectively'" (quoting Baert v. Euclid Beverage, Ltd., 149 F.3d 626, 632 (7th Cir. 1998))
Hochstadt v. Worcester Foundation, Etc.
425 F. Supp. 318 (D. Mass. 1976) Cited 87 times
Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement
Section 6101 - Basic 40-hour workweek; work schedules; regulations
5 U.S.C. § 6101 Cited 18 times
In 5 U.S.C. § 6101(c), Congress granted OPM the authority to "prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency."

Carol A. Garner, Complainant, v. Gary Locke, Secretary, Department of Commerce (Bureau of the Census), Agency.

11 Cited authorities

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other

Holding that "reasonable accommodation" in ADA means more than just effective accommodation

Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease

Holding that the plaintiff's diabetes and related medical conditions, which affected “many of the organ systems in his body,” were physical impairments under the ADA

Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

Observing that an employer "`may not obtain summary judgment by declaring it has a policy when [the employee] may have evidence that [the employer] follows the policy . . . selectively'" (quoting Baert v. Euclid Beverage, Ltd., 149 F.3d 626, 632 (7th Cir. 1998))

Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

In 5 U.S.C. § 6101(c), Congress granted OPM the authority to "prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency."