Merilyn W.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

25 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,235 times 40 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"
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,396 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,577 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 "
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,618 times 5 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,615 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"
Memphis Community School Dist. v. Stachura
477 U.S. 299 (1986) Cited 1,321 times 2 Legal Analyses
Holding that damages awards under section 1983 "may include not only out-of-pocket loss and other monetary harms, but also such injuries such as . . . mental anguish and suffering"
Franks v. Bowman Transportation Co.
424 U.S. 747 (1976) Cited 1,097 times 7 Legal Analyses
Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement
Henson v. City of Dundee
682 F.2d 897 (11th Cir. 1982) Cited 977 times 1 Legal Analyses
Holding that where a supervisor makes sexual overtures to employees of both genders, or where the conduct is equally offensive to male and female workers, the conduct may be actionable under state law, but it is not actionable as harassment under Title VII because men and women are accorded like treatment
Oliver v. Digital Equipment Corp.
846 F.2d 103 (1st Cir. 1988) Cited 413 times
Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,702 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,611 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 4,956 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 1981a - Damages in cases of intentional discrimination in employment
42 U.S.C. § 1981a Cited 4,169 times 55 Legal Analyses
Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,276 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 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,362 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"
Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act
29 C.F.R. § 1614.407 Cited 738 times 1 Legal Analyses
Authorizing civil actions if no final action is taken within 180 days after a complaint is filed
Section 1630.14 - Medical examinations and inquiries specifically permitted
29 C.F.R. § 1630.14 Cited 234 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
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 137 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
Section 1614.408 - Civil action: Equal Pay Act
29 C.F.R. § 1614.408 Cited 113 times
Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 81 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"
Section 1614.503 - Enforcement of final Commission decisions
29 C.F.R. § 1614.503 Cited 63 times
Describing civil action for enforcement of administrative award
Section 1614.409 - Effect of filing a civil action
29 C.F.R. § 1614.409 Cited 50 times
Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

Merilyn W.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

25 Cited authorities

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"

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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

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 an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

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"

Holding that damages awards under section 1983 "may include not only out-of-pocket loss and other monetary harms, but also such injuries such as . . . mental anguish and suffering"

Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement

Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

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

Recognizing failure to accommodate as form of discrimination

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

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 . . ."

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"

Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

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

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

Governing administrative hearings

Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

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

Describing civil action for enforcement of administrative award

Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"