Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.

9 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,601 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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 "
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"
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"
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,355 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,608 times 30 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,299 times 6 Legal Analyses
Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 139 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 83 times 3 Legal Analyses
Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.

9 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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 "

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"

Holding that sexual harassment, to be illegal, "need not take the form of sexual advances or of other incidents with clearly sexual overtones"

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Adopting ADA standards for Rehabilitation Act claims

Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"