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Cindy Keller, Complainant, v. John E. Potter, Postmaster General, United States Postal Service. Appeal No. 01A03119 Agency No. 4-I-680-0122-98 Hearing No. 320-99-8319X

01a03119 (E.E.O.C. Apr. 25, 2003)
Cindy Keller, Complainant, v. John E. Potter, Postmaster General, United States Postal Service. Appeal No. 01A03119 Agency No. 4-I-680-0122-98 Hearing No. 320-99-8319X

9 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,599 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  2. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,372 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  3. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,216 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  4. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,417 times   5 Legal Analyses
    Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

  5. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,663 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  6. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,623 times   4 Legal Analyses
    Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

  7. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 979 times   1 Legal Analyses
    Holding that where a supervisor makes sexual overtures to employees of both genders, or where the conduct is equally offensive to male and female workers, the conduct may be actionable under state law, but it is not actionable as harassment under Title VII because men and women are accorded like treatment

  8. McKinney v. Dole

    765 F.2d 1129 (D.C. Cir. 1985)   Cited 144 times
    Holding that sexual harassment, to be illegal, "need not take the form of sexual advances or of other incidents with clearly sexual overtones"

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

    42 U.S.C. § 2000e-16   Cited 5,017 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"