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Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Customs and Border Protection), Agency.

0120122418 (E.E.O.C. May. 9, 2013)
Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Customs and Border Protection), Agency.

12 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 243,178 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 222,289 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,852 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  4. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 14,065 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  5. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,773 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  6. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,314 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 . . ."

  7. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 473 times   6 Legal Analyses
    Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

  8. Section 1630.14 - Medical examinations and inquiries specifically permitted

    29 C.F.R. § 1630.14   Cited 240 times   41 Legal Analyses
    Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

  9. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 232 times   1 Legal Analyses
    Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

  10. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 140 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  11. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  12. 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"