Merle S.,1 Complainant, v. James N. Mattis, Secretary, Department of Defense (Defense Logistics Agency), Agency.

17 Cited authorities

  1. Sutton v. United Air Lines, Inc.

    527 U.S. 471 (1999)   Cited 2,897 times   12 Legal Analyses
    Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."
  2. Bragdon v. Abbott

    524 U.S. 624 (1998)   Cited 1,645 times   5 Legal Analyses
    Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
  3. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,575 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 "
  4. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,614 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"
  5. Albertsons, Inc. v. Kirkingburg

    527 U.S. 555 (1999)   Cited 680 times   3 Legal Analyses
    Holding that although vision-impaired individuals may not have "an onerous burden" in demonstrating disability and "ordinarily will meet the [ADA]'s definition of disability," they must still offer evidence of "limitation in terms of their own experience"
  6. Murphy v. United Parcel Service, Inc.

    527 U.S. 516 (1999)   Cited 502 times   5 Legal Analyses
    Holding that the "determination of [a person's] disability is made with reference to the mitigating measures he employs."
  7. Chevron U.S.A. Inc. v. Echazabal

    536 U.S. 73 (2002)   Cited 329 times   7 Legal Analyses
    Holding that the ADA's direct-threat defense may apply not only to “other individuals in the workplace,” as the statute states, but to the disabled individual himself
  8. 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
  9. United States v. Farrior Motor Co.

    198 F.2d 68 (5th Cir. 1952)   Cited 4 times

    No. 13941. June 30, 1952. Jesse W. Shanks, Asst. U.S. Atty., Joseph E. Brown, U.S. Atty., Jackson, Miss. for appellant. Claude Pittman, Francis T. Zachary, Hattiesburg, Miss., for appellee. Before HOLMES, BORAH, and RIVES, Circuit Judges. BORAH, Circuit Judge. The United States brought this action under 18 U.S.C. § 3617, for the forfeiture of one 1950 Buick Sedan and other property. Farrior Motor Company, Inc. filed its claim asserting a lien upon the automobile, and seeking a remission or mitigation

  10. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,599 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination
  11. 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 . . ."
  12. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,358 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"
  13. Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act

    29 C.F.R. § 1630 app to Part 1630   Cited 860 times   8 Legal Analyses
    Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact
  14. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 464 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”
  15. 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"
  16. 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"
  17. 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