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[Redacted], Kimberly B., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Appeal No. 2020002522 (E.E.O.C. Aug. 24, 2021)
[Redacted], Kimberly B., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,290 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. 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"

  3. Trans World Airlines, Inc. v. Thurston

    469 U.S. 111 (1985)   Cited 1,859 times
    Holding McDonnell Douglas is inapplicable when direct evidence is presented

  4. Arnett v. Kennedy

    416 U.S. 134 (1974)   Cited 1,590 times   1 Legal Analyses
    Holding that federal statute authorizing discharge of federal employees for "such cause as will promote the efficiency of the service" was neither void for vagueness nor overbroad in light of "longstanding principles of employer-employee relationships" and "[the availability of legal counsel] to employees who [sought] advice on the interpretation of the Act and its regulations"

  5. 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

  6. Heyman v. Queens Village Comm. for Mental Hlth

    198 F.3d 68 (2d Cir. 1999)   Cited 277 times
    Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease

  7. 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

  8. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  9. 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 . . ."

  10. 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"

  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 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"

  13. 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