A

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D

E

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M

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X

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TREATISE INDEX "M"

Macular degeneration
Maine
Manual tasks
Major life activities (ADA and Rehabilitation Act)
Maryland
Massachusetts
McDonnell Douglas burden-shifting analysis
Medical proof
Meniere's disease
Mental health issues
Merit Systems Protection Board cases
Michigan
Military
Ministerial exception
Ministers (and other religious employees)
Minnesota
Missouri
Mixed-motive (or same decision) cases
Mobility
Monocular vision
Motion for judgment as a matter of law
Motion for summary judgment
Motion to dismiss

 

Macular degeneration

• Macular degeneration (cases addressing particular medical impairments) - 13.251.29.20

[TOP]

 

Maine

• Interaction between federal employment discrimination law and Maine state law - 23.021

[TOP]

 

Manual tasks

• Does Toyota Motor Mfg. only apply where the major life activity is manual tasks? - 13.224.81

• Manual tasks as a major life activity - 13.223.17

[TOP]

 

Major life activities (ADA and Rehabilitation Act)

• Bending as a major life activity - 13.223.01

• Bladder function as a major life activity - 13.223.02.01

• Bowel function as a major life activity - 13.223.02.02

• Brain function as a major life activity - 13.223.02.03

• Breathing as a major life activity - 13.223.03

• Caring for oneself as a major life activity - 13.223.04

• Caring for others as a major life activity - 13.223.05

• Cell growth as a major life activity - 13.223.02.04

• Circulatory function as a major life activity - 13.223.02.05

• Cleansing and eliminating waste from blood as a major life activity - 13.223.02.06

• Climbing as a major life activity - 13.223.06

• Communicating as a major life activity - 13.223.07

• Concentrating and remembering as a major life activity - 13.223.08

• Definition of major life activity - 13.222.10

  • Teachings of Bragdon v. Abbott as to definition of "major"  - 13.222.20

• Determination of major life activity is a question of law - 13.222.40

• Digestive function as a major life activity - 13.223.02.07

• Driving as a major life activity - 13.223.09

• Eating as a major life activity - 13.223.10

• Eliminating waste from body as a major life activity - 13.223.10

• Endocrine function as a major life activty - 13.223.02.08

• Hearing as a major life activity - 13.223.12

• Household chores as a major life activity - 13.223.13

• Immune system function as a major life activity - 13.223.02.09

• Interacting with others as a major life activity - 13.223.14

  • Getting along with others is different from interacting with others - 13.223.14.10

• Kidney function (cleansing and eliminating waste from blood) as a major life activity - 13.223.02.05

• Learning as a major life activity - 13.223.15

• Lifting as a major life activity - 13.223.16

• Liver function (cleansing and eliminating waste from blood) as a major life activity - 13.223.02.05

• Manual tasks as a major life activity - 13.223.17

• Mobility (everyday mobility) as a major life activity - 13.223.11

• Neurological function as a major life activity - 13.223.02.10

• Physical exertion as a major life activity - 13.223.18

• Plaintiff's duty to identify major life activity affected by impairment - 13.222.30

• Plaintiff must plead or prove the major life activities at issue - 13.119

• Reaching as a major life activity - 13.223.19

• Reading as a major life activity - 13.223.20

• Remembering and concentrating as a major life activity - 13.223.07

• Reproductive function as a major life activity - 13.223.02.11

• Respiratory function as a major life activity - 13.223.02.12

• Sexual activity as a major life activity - 13.223.22

• Sitting as a major life activity - 13.223.23

• Sleeping as a major life activity - 13.223.24

• Speaking as a major life activity - 13.223.25

• Standing as a major life activity - 13.223.26

• Thinking as a major life activity - 13.223.27

• Travel (including air travel) as a major life activity - 13.223.28

• Walking as a major life activity - 13.223.29

  • Walking up stairs as a major life activity - 13.223.29.10

• Working as a major life activity - 13.223.30

  • EEOC Interpretative Guidance suggests consideration of major life activity of working as a last resort - 13.212.20

[TOP]

 

Maryland

• Interaction between federal employment discrimination law and Maryland state law - 23.022

[TOP]

 

Massachusetts

• Interaction between federal employment discrimination law and Massachusetts state law - 23.023

[TOP]

 

McDonnell Douglas burden-shifting analysis

• Desert Palace v. Costa, was McDonnell Douglas altered by? - 4.420

• Jury instruction on McDonnell Douglas framework - 10.640

• McDonnell Douglas is not the only means of proving discrimination by circumstantial evidence - 4.413

• Member of protected class prong (see "Protected class" this index)

• Prima facie case, consideration of after trial on merits - 4.430

• Prima facie case (see "Prima facie case" this index)

• Qualified for position prong (see "Qualified for position prong" this index)

• Statutes to which McDonnell Douglas can apply

  • ADEA - 4.412.10
     

  • ADA - 4.412.20
     

  • Equal Pay Act - 4.412.30
     

  • 42 U.S.C. § 1981 - 4.412.40
     

  • 42 U.S.C. § 1983 - 4.412.50
     

  • FMLA - 4.412.60
     

  • Rehabilitation Act - 4.412.70
     

  • Title VII - 4.412.80
     

  • Title VII unequal pay claims based on sex - 4.412.81

• Sufficient evidence of discrimination prong (fourth prong) (see "Sufficient evidence of discrimination prong")

[TOP]

 

Medical proof

• Necessity of medical proof in proving that an impairment substantially limits a major life activity - 13.224.71

[TOP]

 

Meniere's disease

• Meniere's disease (cases addressing particular impairments) - 13.251.21

[TOP]

 

Mental health issues

• Anxiety or stress disorder (as a medical impairment) - 13.251.04

• Bipolar disorder (cases addressing particular medical impairments) - 13.251.08

• Depression (cases addressing particular medical impairments) - 13.251.12

• Mental problems as a direct threat to health or safety under the ADA - 13.364.35

• Panic disorder or attacks (cases addressing particular medical impairments) - 13.251.23

• Request accommodation, duty of employees with mental disabilities to request accommodation - 13.344.10

[TOP]

 

Merit Systems Protection Board cases

• Overview - 24.410

[TOP]

 

Michigan

• Interaction between federal employment discrimination law and Michigan state law - 23.024

[TOP]

 

Military

• Whether a member of the Armed Forces can bring suit - 1.906

[TOP]

 

Ministerial exception

• Harassment claims not barred by ministerial exception - 24.111.40

• Ministerial exception - 24.111

• Not a jurisdictional bar - 24.111.10

• Religious Freedom Restoration Act - 24.111.50

• Waiver of ministerial exception - 24.111.20

• Who qualifies as a "minister" - 24.111.30

[TOP]

 

Ministers (and other religious employees)

• Whether ministers and other religious employees may bring suit - 1.907

[TOP]

 

Minnesota

• Interaction between federal employment discrimination law and Minnesota state law - 23.025

[TOP]

 

Missouri

• Interaction between federal employment discrimination law and Missouri state law - 23.027

[TOP]

 

Mixed-motive (or same decision) cases

• ADEA claims, mixed-motive is still a bar to liability - 4.231

• Affirmative defense, whether mixed motive defense must be pled as an affirmative defense - 7.121.10

• Civil Rights Act of 1991 - 4.210

• "Direct evidence" not required for mixed-motive cases - 4.220

  • Whether "direct evidence" is still required in ADEA actions - 4.221

• 42 U.S.C. § 1981 claims, mixed-motive is still a bar to liability - 4.232

• 42 U.S.C. § 1983 claims, mixed-motive is still a bar to liability - 4.233

• Mixed-motive jury instruction - 10.630

  • Content of mixed-motive instruction 10.632

  • Decision to request mixed-motive instruction - 10.631

• No duty to specify "pretext" or "mixed motive" case in complaint - 7.116.10

• Retaliation claims, mixed-motive is still a bar to liability for Title VII retaliation claims - 4.234

• Sufficient proof of mixed-motive - 4.240

• Whether mixed-motive defense was waived - 4.211

• Which party controls whether the mixed-motive theory is raised - 4.212

[TOP]

 

Mobility

• Mobility (everyday mobility) as a major life activity - 13.223.11

[TOP]

 

Monocular vision

• Monocular vision (cases addressing particular medical impairments) - 13.251.29.30

[TOP]

 

Motion for judgment as a matter of law

• See, "Dispositive motions" (this index)

[TOP]

 

Motion for summary judgment

• See, "Dispositive motions" (this index)

[TOP]

 

Motion to dismiss

• See, "Dispositive motions" (this index)

[TOP]