Legal Opinion

Wilkerson v. Shinseki

Court of Appeals for the Tenth Circuit

Decided June 2, 2010No. 09-8027PublishedCited by 302 opinions

1Opinion of the Court

HENRY, Circuit Judge.

Floyd Wilkerson worked on a temporary basis at the Cheyenne Veteran Affairs Medical Center as a boiler plant operator. Following a failed physical examination, the human resources manager notified him that he was reassigned to a lower paid position. Mr. Wilkerson brought suit against the Secretary of the U.S. Department of Veterans Affairs (the “VA”), claiming that this reassignment discriminated against him based on his obesity and diabetes, in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., and that age discrimination played a role in his…

2Cases cited25 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  4. Toyota Motor Manufacturing, Kentucky, Inc. v. WilliamsSupreme Court of the United States · 2002
  5. Smith v. Midland Brake, Inc.Court of Appeals for the Tenth Circuit · 1999

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3Cited by302 opinions

  1. Bekkem v. WilkieCourt of Appeals for the Tenth Circuit · 2019
  2. Jones v. Oklahoma City Public SchoolsCourt of Appeals for the Tenth Circuit · 2010
  3. Christopher Payne v. Jahal TaslimiCourt of Appeals for the Fourth Circuit · 2021
  4. Koessel v. Sublette County Sheriff's DepartmentCourt of Appeals for the Tenth Circuit · 2013
  5. Aubrey v. KoppesCourt of Appeals for the Tenth Circuit · 2020

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