§

Porter P. v. U.S. Postal Serv.

EEOC Appeal No. 0120171893 (E.E.O.C. Mar. 27, 2019)
Porter P. v. U.S. Postal Serv.

17 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,820 times   96 Legal Analyses
    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

  2. Heyman v. Queens Village Comm. for Mental Hlth

    198 F.3d 68 (2d Cir. 1999)   Cited 278 times
    Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease

  3. Lawson v. CSX Transportation, Inc.

    245 F.3d 916 (7th Cir. 2001)   Cited 217 times
    Holding that the plaintiff's diabetes and related medical conditions, which affected “many of the organ systems in his body,” were physical impairments under the ADA

  4. Swanks v. Washington Met. Area Transit

    179 F.3d 929 (D.C. Cir. 1999)   Cited 50 times
    Observing that an employer "`may not obtain summary judgment by declaring it has a policy when [the employee] may have evidence that [the employer] follows the policy . . . selectively'" (quoting Baert v. Euclid Beverage, Ltd., 149 F.3d 626, 632 (7th Cir. 1998))

  5. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,994 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  6. 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 . . ."

  7. Section 2000ff - Definitions

    42 U.S.C. § 2000ff   Cited 151 times   6 Legal Analyses
    Adopting the definition of employer in Title VII, 42 U.S.C. § 2000e(b)

  8. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 747 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  9. Section 1630.14 - Medical examinations and inquiries specifically permitted

    29 C.F.R. § 1630.14   Cited 237 times   41 Legal Analyses
    Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

  10. 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"

  11. 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"

  12. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  13. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 50 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  14. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 42 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  15. 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

  16. Section 1635.3 - Definitions specific to GINA

    29 C.F.R. § 1635.3   Cited 29 times   21 Legal Analyses

    (a)Family member means with respect to any individual: (1) A person who is a dependent of that individual as the result of marriage, birth, adoption, or placement for adoption; or (2) A first-degree, second-degree, third-degree, or fourth-degree relative of the individual, or of a dependent of the individual as defined in § 1635.3(a)(1) . (i) First-degree relatives include an individual's parents, siblings, and children. (ii) Second-degree relatives include an individual's grandparents, grandchildren

  17. Section 1635.1 - Purpose

    29 C.F.R. § 1635.1   1 Legal Analyses

    (a) The purpose of this part is to implement Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff , et seq. Title II of GINA: (1) Prohibits use of genetic information in employment decision-making; (2) Restricts employers and other entities subject to Title II of GINA from requesting, requiring, or purchasing genetic information; (3) Requires that genetic information be maintained as a confidential medical record, and places strict limits on disclosure of genetic information;