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[Redacted], Salvatore K., 1 Complainant, v. Merrick Garland, Attorney General, Department of Justice (U.S. Marshals Service), Agency.

Appeal No. 0120182095 (E.E.O.C. Jun. 23, 2021)
[Redacted], Salvatore K., 1 Complainant, v. Merrick Garland, Attorney General, Department of Justice (U.S. Marshals Service), 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. 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

  4. 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

  5. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,989 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  6. 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 . . ."

  7. Section 566 - Powers and duties

    28 U.S.C. § 566   Cited 915 times
    Granting the power to “investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General”

  8. 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"

  9. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,630 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  10. 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

  11. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  12. Section 1630.13 - Prohibited medical examinations and inquiries

    29 C.F.R. § 1630.13   Cited 59 times   2 Legal Analyses
    Stating the general rule that, except as permitted by 29 C.F.R. § 1630.14, "it is unlawful for a covered entity to require a medical examination of an employee"

  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