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Madelaine G.,1 Complainant, v. William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

0120181795 (E.E.O.C. Aug. 27, 2019)
Madelaine G.,1 Complainant, v. William P. Barr, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

12 Cited authorities

  1. US Airways, Inc. v. Barnett

    535 U.S. 391 (2002)   Cited 1,114 times   29 Legal Analyses
    Holding that "reasonable accommodation" in ADA means more than just effective accommodation

  2. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,712 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 "

  3. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,630 times   5 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"

  4. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,922 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  5. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,790 times   22 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  6. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,320 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 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,591 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

  8. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,717 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  9. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 474 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”

  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 1614.405 - 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"

  12. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC