· 8/16/1999
Jackie A. McGregor v. National Railroad Passenger Corporation, A.K.A. Amtrak
Citations
- 187 F.3d 1113
- 99 Cal. Daily Op. Serv. 6575
- 99 Daily Journal DAR 8407
- 9 Am. Disabilities Cas. (BNA) 1207
- 1999 U.S. App. LEXIS 18879
- 1999 WL 615050
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a 100% healed policy is a per se violation 7 of the ADA because such a policy fails to allow a case-by-case determination for 8 accommodations
- holding that a policy requiring employ- ees to be “100% healed” or “fully healed” after an injury is facially discriminatory and constitutes a per se violation of the ADA
- cautioning that a 100-percent-healed policy allows an employer to circumvent the required individualized assessment
- remanding where the existence of a 100% healed policy or its equivalent 10 was a disputed material fact
- finding “100% healed” policy is a per se violation of the ADA because the policy does not allow 18 The District adopted Standard Operating Procedure Policy No. 18-034. Rozynski Decl. Ex. 8. (Dkt. 28-8.
- plaintiff must establish all prima facie elements of an ADA claim beyond dispute of material fact to prevail on summary judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Thompson, Moskowitz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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