[Redacted], Lenard H., 1 Complainant, v. John P. Roth, Acting Secretary, Department of the Air Force, Agency.

9 Cited authorities

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 "
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"
Davis v. Odeco, Inc.
18 F.3d 1237 (5th Cir. 1994) Cited 117 times 1 Legal Analyses
Holding in a maritime case that the defense of set-off against maintenance and cure is an affirmative defense
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 1614.203 - Rehabilitation Act
29 C.F.R. § 1614.203 Cited 265 times 1 Legal Analyses
Applying the regulations set forth in 29 C.F.R. pt. 1630 to claims under § 501
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 1614.405 - 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 1614.403 - How to appeal
29 C.F.R. § 1614.403 Cited 34 times
Indicating that failure to file timely appeal requires dismissal by EEOC
Section 339.303 - Medical examination procedures
5 C.F.R. § 339.303 Cited 5 times
Requiring an agency to "inform the employee in writing of its reasons for [ordering a medical evaluation] and the consequences of failure to cooperate"

[Redacted], Lenard H., 1 Complainant, v. John P. Roth, Acting Secretary, Department of the Air Force, Agency.

9 Cited authorities

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 "[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 in a maritime case that the defense of set-off against maintenance and cure is an affirmative defense

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 . . ."

Applying the regulations set forth in 29 C.F.R. pt. 1630 to claims under § 501

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

Indicating that failure to file timely appeal requires dismissal by EEOC

Requiring an agency to "inform the employee in writing of its reasons for [ordering a medical evaluation] and the consequences of failure to cooperate"