Anderson v. Liberty Lobby, Inc.

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"

Reeves v. Sanderson Plumbing Prods., Inc.

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

McDonnell Douglas Corp. v. Green

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Cracco v. Vitran Express, Inc.

Holding that good cause was shown when lack of timely answer was the result of inadvertence and was not the result of willful ignorance of the pending litigation

Bombard v. Fort Wayne Newspapers, Inc.

Holding that statements made by a doctor to a patient are not admissible under Fed.R.Evid. 803 because the rule does not except statements by the person providing medical care

Hodgens v. Gen. Dynamics Corp.

Holding that this court may affirm a grant of summary judgment "on any independently sufficient ground made manifest by the record"

Bryant v. Madigan

Holding that the ADA "would not be violated by a prison's simply failing to attend to the medical needs of its disabled prisoners."

Darst v. Interstate

Holding that the FMLA does not provide a remedy for an employer's breach of its obligations under 29 C.F.R. § 825.305(d) unless the violation prejudiced the employee by causing the loss of FMLA leave to which he was entitled; explaining that the employer's breach in that case caused the employee no harm because the employee could not show that he could have cured the deficiency in a manner that would have demonstrated that he was actually entitled to FMLA leave

Beck v. University of Wisconsin Board of Regents

Holding that an employer sufficiently participated in the interactive process in part because the employee “offer[ed] no evidence that” the alternative accommodation proposed by her employer “was an unreasonable accommodation”

Burnett v. LFW Inc.

Holding that a question of material fact existed where an employer's classification of an employee's conduct as insubordinate stemmed in large measure from its mistaken belief that the employee was not entitled to FMLA leave

Rule 56 - Summary Judgment

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

Section 12112 - Discrimination

Recognizing failure to accommodate as form of discrimination

Section 12102 - Definition of disability

Recognizing ADA claim where plaintiff is "regarded as" disabled

Section 12111 - Definitions

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

Section 2601 - Findings and purposes

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Section 2612 - Leave requirement

Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

Section 2614 - Employment and benefits protection

Holding that the substantive right to reinstatement "shall [not] be construed to entitle any restored employee to ... any right, benefit, or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave."

Section 2613 - Certification

Permitting employers to require certification

Section 1630.2 - Definitions

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 825.305 - Certification, general rule

Requiring that when an "employer requests certification, the employer must also advise an employee of the anticipated consequences of an employee's failure to provide adequate certification"

Section 825.115 - Continuing treatment

Defining "[c]hronic serious health condition" as one that requires visits at least twice per year for treatment

Section 825.113 - Serious health condition

Explaining that “bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider” are not sufficient

Section 825.307 - Authentication and clarification of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member; second and third opinions

Explaining that an "employer may not request additional information from the employee's health care provider" to verify adequacy of medical certification

Section 825.123 - Unable to perform the functions of the position

Incorporating by reference 29 C.F.R. § 1630.2(n)

Section 825.125 - Definition of health care provider

Defining “health care provider” to include “physician assistants ... authorized to practice under State law and ... performing within the scope of their practice as defined under State law”

Section 825.119 - Leave for treatment of substance abuse

Section MPSW 6.02 - Certified advanced practice social worker

Section MPSW 1.09 - Substance abuse disorder specialty