Jeremy C.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

12 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,619 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,622 times 4 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Bush v. Donahoe
964 F. Supp. 2d 401 (W.D. Pa. 2013) Cited 26 times
Finding a plaintiff's ankle sprain did not qualify her as disabled when she provided no evidence of her level of pain and could not specifically identify the limitations her injury placed on her
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,822 times 65 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 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,774 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 11,010 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,288 times 6 Legal Analyses
Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,457 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 1630.1 - Purpose, applicability, and construction
29 C.F.R. § 1630.1 Cited 212 times 1 Legal Analyses
Noting "broad scope of protection under the ADA" and that "question of whether an individual meets the definition of disability under this part should not demand extensive analysis"
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 139 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 83 times 3 Legal Analyses
Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"
Section 1614.403 - How to appeal
29 C.F.R. § 1614.403 Cited 34 times
Indicating that failure to file timely appeal requires dismissal by EEOC

Jeremy C.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.

12 Cited authorities

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

Finding a plaintiff's ankle sprain did not qualify her as disabled when she provided no evidence of her level of pain and could not specifically identify the limitations her injury placed on her

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

Recognizing failure to accommodate as form of discrimination

Recognizing ADA claim where plaintiff is "regarded as" disabled

Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

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"

Noting "broad scope of protection under the ADA" and that "question of whether an individual meets the definition of disability under this part should not demand extensive analysis"

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Indicating that failure to file timely appeal requires dismissal by EEOC