Legal Opinion
Philip Bentivegna v. United States Department of Labor, and City of Los Angeles, Real Party in Interest
Court of Appeals for the Ninth Circuit
Decided December 13, 1982No. 81-7651PublishedCited by 58 opinions
1Opinion of the Court
NELSON, Circuit Judge:
We review the decision of the Secretary of the Department of Labor for the United States declining to award back pay to petitioner, Philip Bentivegna. For the reasons set forth below, we reverse.
I. FACTS AND PROCEDURAL CONTEXT
The City of Los Angeles (City) hired Bentivegna as a “building repairer” in late August, 1977, through the Comprehensive Employment and Training Act (CETA) program. 29 U.S.C. §§ 801-999 (1976 & Supp. IV 1980). Bentivegna had indicated on an application form that he had diabetes mellitus. As a condition of employment, applicants were required to pass…
2Cases cited5 opinions
- Southeastern Community College v. DavisSupreme Court of the United States · 1979
- Doe v. New York UniversityCourt of Appeals for the Second Circuit · 1981
- Jack A. Kampmeier v. Ewald Nyquist, in His Capacity as Commissioner of EducationCourt of Appeals for the Second Circuit · 1977
- E. E. Black, Ltd. v. MarshallDistrict Court, D. Hawaii · 1980
- Pushkin v. Regents Of The University Of ColoradoCourt of Appeals for the Tenth Circuit · 1981
3Cited by58 opinions
- Bates v. United Parcel Service, Inc.Court of Appeals for the Ninth Circuit · 2007
- Bonnie Mantolete v. William G. Bolger, in His Capacity as Postmaster General, United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1985
- Glenda Smith and Ray Martin v. Howard Barton, Larry Barnes, Jack Ugaki, and Brian WardleCourt of Appeals for the Ninth Circuit · 1990
- Cripe v. City of San JoseCourt of Appeals for the Ninth Circuit · 2001
- Antonio Chiari v. City of League CityCourt of Appeals for the Fifth Circuit · 1991
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