31 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,147 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 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"
Toyota Motor Mfg., Ky., Inc. v. Williams
534 U.S. 184 (2002) Cited 2,461 times 17 Legal Analyses
Holding "substantially" and "major" "need to be interpreted strictly to create a demanding standard for qualifying as disabled," and therefore, to be disabled "an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives"
Bragdon v. Abbott
524 U.S. 624 (1998) Cited 1,645 times 5 Legal Analyses
Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
School Bd. of Nassau County v. Arline
480 U.S. 273 (1987) Cited 1,029 times 3 Legal Analyses
Holding that teacher with long dormant disease of tuberculosis that had recently reoccurred was "handicapped" within meaning of Rehabilitation Act
Zivkovic v. Southern California Edison Co.
302 F.3d 1080 (9th Cir. 2002) Cited 2,173 times
Holding that "[a]n employee is not required to use any particular language when requesting an accommodation but need only inform the employer of the need for an adjustment due to a medical condition." (cleaned up)
Fraser v. Goodale
342 F.3d 1032 (9th Cir. 2003) Cited 1,400 times
Holding that the plaintiff's diary could be considered on summary judgment because she could testify consistent with its contents at trial
Bates v. U. P. S
511 F.3d 974 (9th Cir. 2007) Cited 745 times 10 Legal Analyses
Holding where claim involved facially discriminatory qualification standard, the Teamsters burden-shifting protocol is inapplicable
Bay v. Cassens Transport Company
212 F.3d 969 (7th Cir. 2000) Cited 565 times
Holding that, absent evidence of bad faith or pretext, an employer is generally entitled to rely on medical determinations of an employee's abilities
Sanders v. Arneson Products, Inc.
91 F.3d 1351 (9th Cir. 1996) Cited 245 times 1 Legal Analyses
Holding that temporary injuries with minimal lasting effects are not generally disabilities actionable under the ADA
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,599 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,053 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,358 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 350.105 - What definitions are used in this part?
49 C.F.R. § 350.105 Cited 11 times
Unless specifically defined in this section, terms used in this part are subject to the definitions in 49 CFR part 390. As used in this part: Administrative takedown funds means funds FMCSA deducts each fiscal year from the amounts made available for MCSAP and the High Priority Program for expenses incurred by FMCSA for training State and local government employees and for the administration of the programs. Administrator means the administrator of FMCSA. Border State means a State that shares a

Equal Employment Opportunity Commission v. Kalil Bottling Co

31 Cited authorities

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"

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"

Holding that DOJ's administrative guidance on ADA compliance is entitled to deference

Holding that teacher with long dormant disease of tuberculosis that had recently reoccurred was "handicapped" within meaning of Rehabilitation Act

Holding that "[a]n employee is not required to use any particular language when requesting an accommodation but need only inform the employer of the need for an adjustment due to a medical condition." (cleaned up)

Holding that the plaintiff's diary could be considered on summary judgment because she could testify consistent with its contents at trial

Holding where claim involved facially discriminatory qualification standard, the Teamsters burden-shifting protocol is inapplicable

Holding that, absent evidence of bad faith or pretext, an employer is generally entitled to rely on medical determinations of an employee's abilities

Holding that temporary injuries with minimal lasting effects are not generally disabilities actionable under the ADA

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing failure to accommodate as form of discrimination

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

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

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"