[Redacted], Cleveland C., Kenneth W., Terrell G., Marquis K., Roman G., Orlando O., Jeffery J., Shane L., Jay C., & Gilbert B., Complainants, 1 v. Lloyd J. Austin III, Secretary, Department of Defense (Office of the Secretary of Defense), Agency.

7 Cited authorities

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 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"
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 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”
Section 1630.15 - Defenses
29 C.F.R. § 1630.15 Cited 247 times 8 Legal Analyses
Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"
Section 1910.134 - Respiratory protection
29 C.F.R. § 1910.134 Cited 116 times 139 Legal Analyses
Noting same about sideburns, skull caps that project under the face piece, temple pieces on glasses, and absence of one or both dentures
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

[Redacted], Cleveland C., Kenneth W., Terrell G., Marquis K., Roman G., Orlando O., Jeffery J., Shane L., Jay C., & Gilbert B., Complainants, 1 v. Lloyd J. Austin III, Secretary, Department of Defense (Office of the Secretary of Defense), Agency.

7 Cited authorities

Section 791 - Employment of individuals with disabilities

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 12113 - Defenses

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Section 1630.2 - Definitions

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 1630.9 - Not making reasonable accommodation

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”

Section 1630.15 - Defenses

Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"

Section 1910.134 - Respiratory protection

Noting same about sideburns, skull caps that project under the face piece, temple pieces on glasses, and absence of one or both dentures

Section 1614.403 - How to appeal

Indicating that failure to file timely appeal requires dismissal by EEOC