58 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 242,291 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,604 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
Tolan v. Cotton
572 U.S. 650 (2014) Cited 5,361 times 1 Legal Analyses
Holding that it was error to construe plaintiff's words as a threat because "a jury could well have concluded that a reasonable officer would have heard ['Get your fucking hands off my mom'] not as a threat, but as a son's plea" (cleaned up)
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,415 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Desert Palace, Inc. v. Costa
539 U.S. 90 (2003) Cited 2,505 times 14 Legal Analyses
Holding that circumstantial evidence alone can sustain a mixed-motive verdict
US Airways, Inc. v. Barnett
535 U.S. 391 (2002) Cited 1,106 times 29 Legal Analyses
Holding that "reasonable accommodation" in ADA means more than just effective accommodation
Poller v. Columbia Broadcasting
368 U.S. 464 (1962) Cited 2,871 times 1 Legal Analyses
Holding agent potentially liable where he knew of the "obvious purpose and necessary effect" to eliminate independent stations and "had a personal stake in the outcome"
Dennis v. Columbia Colleton Med. Ctr., Inc.
290 F.3d 639 (4th Cir. 2002) Cited 2,242 times
Holding plaintiff showed pretext where an employer offered more reasons at trial than in discovery
Chevron U.S.A. Inc. v. Echazabal
536 U.S. 73 (2002) Cited 339 times 7 Legal Analyses
Holding that the ADA's direct-threat defense may apply not only to “other individuals in the workplace,” as the statute states, but to the disabled individual himself
Taylor v. Phoenixville School District
184 F.3d 296 (3d Cir. 1999) Cited 1,238 times
Holding thinking is a major life activity
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 24,270 times 67 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"
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,737 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,997 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 623 - Prohibition of age discrimination
29 U.S.C. § 623 Cited 10,319 times 51 Legal Analyses
Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,273 times 61 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 21.051 - Discrimination By Employer
Tex. Lab. Code § 21.051 Cited 928 times 5 Legal Analyses
Prohibiting discrimination by an "employer," as part of the Texas Commission on Human Rights Act [TCHRA]
Section 12201 - Construction
42 U.S.C. § 12201 Cited 771 times 25 Legal Analyses
Holding that "an employer has no duty to accommodate an employee it regards as disabled"
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,550 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"
Section 1630.14 - Medical examinations and inquiries specifically permitted
29 C.F.R. § 1630.14 Cited 239 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

Barnard v. L-3 Communications Integrated Systems L.P.

58 Cited authorities

Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

Holding that it was error to construe plaintiff's words as a threat because "a jury could well have concluded that a reasonable officer would have heard ['Get your fucking hands off my mom'] not as a threat, but as a son's plea" (cleaned up)

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

Holding that circumstantial evidence alone can sustain a mixed-motive verdict

Holding that "reasonable accommodation" in ADA means more than just effective accommodation

Holding agent potentially liable where he knew of the "obvious purpose and necessary effect" to eliminate independent stations and "had a personal stake in the outcome"

Holding plaintiff showed pretext where an employer offered more reasons at trial than in discovery

Holding that the ADA's direct-threat defense may apply not only to “other individuals in the workplace,” as the statute states, but to the disabled individual himself

Holding thinking is a major life activity

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Recognizing failure to accommodate as form of discrimination

Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

Prohibiting discrimination by an "employer," as part of the Texas Commission on Human Rights Act [TCHRA]

Holding that "an employer has no duty to accommodate an employee it regards as disabled"

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"

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