§Why CasetextPricing

Aarp v. United States Equal Employment Opportunity Commission

Cross MOTION for Summary Judgment and Opposition to Motion to Dismiss

58 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,051 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 4,497 times   83 Legal Analyses
    Holding that the Age Discrimination in Employment Act's language "because of such individual's age," required plaintiff show "age was the ‘but-for’ cause of the employer's adverse decision"

  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  4. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,574 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  5. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,656 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  6. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,455 times   9 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  7. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,054 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  8. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,179 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  9. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 874 times   8 Legal Analyses
    Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

  10. United States v. Martinez-Salazar

    528 U.S. 304 (2000)   Cited 763 times   4 Legal Analyses
    Holding that if a defendant elects to cure the erroneous refusal to dismiss a potential juror for cause “by exercising a peremptory challenge, and is subsequently convicted by a jury on which no biased juror sat, he has not been deprived of any rule-based or constitutional right”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,937 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,475 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,561 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,519 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  15. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,592 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  16. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,048 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

  17. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,402 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  18. Section 500 - Administrative practice; general provisions

    5 U.S.C. § 500   Cited 599 times   12 Legal Analyses

    (a) For the purpose of this section- (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to

  19. Section 2000ff - Definitions

    42 U.S.C. § 2000ff   Cited 142 times   6 Legal Analyses
    Adopting the definition of employer in Title VII, 42 U.S.C. § 2000e(b)

  20. Section 2000ff-1 - Employer practices

    42 U.S.C. § 2000ff-1   Cited 126 times   4 Legal Analyses
    Forbidding termination of employment "because of genetic information with respect to the employee"

  21. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,354 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"

  22. 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

  23. Section 785.28 - Involuntary attendance

    29 C.F.R. § 785.28   Cited 26 times   5 Legal Analyses

    Attendance is not voluntary, of course, if it is required by the employer. It is not voluntary in fact if the employee is given to understand or led to believe that his present working conditions or the continuance of his employment would be adversely affected by nonattendance. 29 C.F.R. § 785.28

  24. Section 1635.8 - Acquisition of genetic information

    29 C.F.R. § 1635.8   Cited 13 times   21 Legal Analyses

    (a)General prohibition. A covered entity may not request, require, or purchase genetic information of an individual or family member of the individual, except as specifically provided in paragraph (b) of this section. "Request" includes conducting an Internet search on an individual in a way that is likely to result in a covered entity obtaining genetic information; actively listening to third-party conversations or searching an individual's personal effects for the purpose of obtaining genetic information;

  25. Section 1635.2 - Definitions-general

    29 C.F.R. § 1635.2   Cited 3 times
    Limiting the definition of "employer" for purposes of GINA