20 Cited authorities

Jones v. U.P.S
502 F.3d 1176 (10th Cir. 2007) Cited 544 times 1 Legal Analyses
Holding adverse employment actions occurring after plaintiff filed his administrative charge did not fall within the scope of the charge
Wilkerson v. Shinseki
606 F.3d 1256 (10th Cir. 2010) Cited 476 times 2 Legal Analyses
Finding offer to position with lower pay or benefits "satisfies the employer's duty to accommodate if there are no reasonable accommodations either in the old job or in another vacant lateral position."
Gillen v. Fallon Ambulance Service, Inc.
283 F.3d 11 (1st Cir. 2002) Cited 322 times
Holding that a plaintiff born without one hand could make it past summary judgment on the disability question
Conroy v. New York Dept. of Correctional
333 F.3d 88 (2d Cir. 2003) Cited 216 times 2 Legal Analyses
Holding requirement of a medical certificate containing general diagnosis before returning to work is covered by the ADA's “medical examination” provision
Rodriguez v. Conagra Grocery Products Co.
436 F.3d 468 (5th Cir. 2006) Cited 173 times 1 Legal Analyses
Finding employer's blanket policy against hiring anyone perceived as having uncontrolled diabetes as contradictory to “the TCHRA/ADA's emphasis on treating impaired job applicants as individuals”
Spulak v. K Mart Corp.
894 F.2d 1150 (10th Cir. 1990) Cited 216 times 2 Legal Analyses
Holding in case where evidence of IIED and ADEA claims overlap, assumption jury followed explicit instruction regarding elements of ADEA claim defeats any presumption of prejudice
Equal Emp't Opportunity Comm'n v. Picture People, Inc.
684 F.3d 981 (10th Cir. 2012) Cited 80 times 1 Legal Analyses
Affirming summary judgment that congenitally deaf employee could not perform “essential functions” of job in a photography store, because employee could only communicate with customers using gestures, pantomime, and written communication
Tate v. Farmland Industries, Inc.
268 F.3d 989 (10th Cir. 2001) Cited 108 times 1 Legal Analyses
Holding that an employee could maintain a cause of action where the employee had FMLA rights and the employer's actions were alleged to have interfered with those rights
Holiday v. City of Chattanooga
206 F.3d 637 (6th Cir. 2000) Cited 102 times
Holding that a district court erred in accepting a physician's report about the abilities of an HIV-positive police officer applicant where "there [was] no indication that the physician conducted the individualized inquiry mandated by the ADA"
Equal Emp't Opportunity Com'n v. Sandia
639 F.2d 600 (10th Cir. 1980) Cited 119 times
Finding it "unfair" to give the employer the benefit of another collateral source, unemployment compensation
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,205 times 128 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,580 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,225 times 149 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,837 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
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 1630.15 - Defenses
29 C.F.R. § 1630.15 Cited 247 times 8 Legal Analyses
Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"

Keneipp v. Mvm, Inc. et al

20 Cited authorities

Holding adverse employment actions occurring after plaintiff filed his administrative charge did not fall within the scope of the charge

Finding offer to position with lower pay or benefits "satisfies the employer's duty to accommodate if there are no reasonable accommodations either in the old job or in another vacant lateral position."

Holding that a plaintiff born without one hand could make it past summary judgment on the disability question

Holding requirement of a medical certificate containing general diagnosis before returning to work is covered by the ADA's “medical examination” provision

Finding employer's blanket policy against hiring anyone perceived as having uncontrolled diabetes as contradictory to “the TCHRA/ADA's emphasis on treating impaired job applicants as individuals”

Holding in case where evidence of IIED and ADEA claims overlap, assumption jury followed explicit instruction regarding elements of ADEA claim defeats any presumption of prejudice

Affirming summary judgment that congenitally deaf employee could not perform “essential functions” of job in a photography store, because employee could only communicate with customers using gestures, pantomime, and written communication

Holding that an employee could maintain a cause of action where the employee had FMLA rights and the employer's actions were alleged to have interfered with those rights

Holding that a district court erred in accepting a physician's report about the abilities of an HIV-positive police officer applicant where "there [was] no indication that the physician conducted the individualized inquiry mandated by the ADA"

Finding it "unfair" to give the employer the benefit of another collateral source, unemployment compensation

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

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Recognizing failure to accommodate as form of discrimination

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Recognizing ADA claim where plaintiff is "regarded as" disabled

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"

Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"