Complainant, v. Chuck Hagel, Secretary, Department of Defense (Defense Commissary Agency), Agency.

11 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,093 times 96 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
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,663 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,623 times 4 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Heyman v. Queens Village Comm. for Mental Hlth
198 F.3d 68 (2d Cir. 1999) Cited 279 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
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))
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,355 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,608 times 30 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,299 times 6 Legal Analyses
Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 139 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 83 times 3 Legal Analyses
Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Complainant, v. Chuck Hagel, Secretary, Department of Defense (Defense Commissary Agency), Agency.

11 Cited authorities

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 court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

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

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))

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Adopting ADA standards for Rehabilitation Act claims

Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"