Susan L. Berman v. Securities and Exchange Commission 01975726 09-18-00 . Susan L. Berman, Complainant, v. Arthur Levitt, Jr., Chairman, Securities and Exchange Commission, Agency.

7 Cited authorities

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."
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 "
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"
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"
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."
Prewitt v. United States Postal Service
662 F.2d 292 (5th Cir. 1981) Cited 292 times
Concluding in a Rehabilitation Act case involving employment discrimination that the employer has the burden of persuasion on the issue of reasonable accommodation
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

Susan L. Berman v. Securities and Exchange Commission 01975726 09-18-00 . Susan L. Berman, Complainant, v. Arthur Levitt, Jr., Chairman, Securities and Exchange Commission, Agency.

7 Cited authorities

Sutton v. United Air Lines, Inc.

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."

Universal Camera Corp. v. Nat'l Labor Relations Bd.

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

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"

Albertsons, Inc. v. Kirkingburg

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"

Murphy v. United Parcel Service, Inc.

Holding that the "determination of [a person's] disability is made with reference to the mitigating measures he employs."

Prewitt v. United States Postal Service

Concluding in a Rehabilitation Act case involving employment discrimination that the employer has the burden of persuasion on the issue of reasonable accommodation

Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act

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