47 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 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"
  2. Burks v. Wisconsin Dept. of Transp

    464 F.3d 744 (7th Cir. 2006)   Cited 615 times
    Holding comparator must be comparable in misconduct
  3. Bunn v. Khoury Enters., Inc.

    753 F.3d 676 (7th Cir. 2014)   Cited 466 times   4 Legal Analyses
    Holding that an ADA plaintiff failed to satisfy McDonnell Douglas in part because he "completely failed to identify, let alone discuss, a similarly situated non-disabled employee who was treated more favorably"
  4. Ames v. Home Depot U.S.A

    629 F.3d 665 (7th Cir. 2011)   Cited 487 times   2 Legal Analyses
    Holding that the plaintiff had no disability under the ADA because the record contained no evidence that her alcoholism affected her home life
  5. King v. Preferred Technical Group

    166 F.3d 887 (7th Cir. 1999)   Cited 630 times
    Holding that the lapse of one day, in combination with the fact-specific affidavits of the plaintiff and her husband, were sufficient to "cast doubt" on the reasons offered by the employer for the plaintiff's termination under the Family and Medical Leave Act
  6. Smith v. Hope School

    560 F.3d 694 (7th Cir. 2009)   Cited 440 times   2 Legal Analyses
    In Smith, an African American plaintiff sued the police chief and police department under Title VI alleging racial bias in the decision to not include his towing business on the town's towing list.
  7. Darst v. Interstate

    512 F.3d 903 (7th Cir. 2008)   Cited 435 times
    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
  8. Beck v. University of Wisconsin Board of Regents

    75 F.3d 1130 (7th Cir. 1996)   Cited 619 times   1 Legal Analyses
    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”
  9. Gile v. United Airlines, Inc.

    95 F.3d 492 (7th Cir. 1996)   Cited 537 times
    Holding that ADA may obligate employer to reassign disabled employee who can no longer, even with reasonable accommodation, perform the essential functions of her job
  10. Burnett v. LFW Inc.

    472 F.3d 471 (7th Cir. 2006)   Cited 376 times   1 Legal Analyses
    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
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 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 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,779 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled
  13. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,331 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"
  14. Section 825.305 - Certification, general rule

    29 C.F.R. § 825.305   Cited 429 times   14 Legal Analyses
    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"
  15. 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

    29 C.F.R. § 825.307   Cited 148 times   11 Legal Analyses
    Explaining that an "employer may not request additional information from the employee's health care provider" to verify adequacy of medical certification
  16. Section 825.306 - Content of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member

    29 C.F.R. § 825.306   Cited 113 times   8 Legal Analyses
    Requiring certification for intermittent leave to include “ an estimate of the frequency and duration of the episodes of incapacity”
  17. Section 825.125 - Definition of health care provider

    29 C.F.R. § 825.125   Cited 25 times   11 Legal Analyses
    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”
  18. Section 825.119 - Leave for treatment of substance abuse

    29 C.F.R. § 825.119   Cited 9 times   3 Legal Analyses

    (a) Substance abuse may be a serious health condition if the conditions of §§ 825.113 through 825.115 are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave. (b) Treatment for substance abuse does not prevent an employer from taking employment