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Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

01-2013-2733-0500 (E.E.O.C. Sep. 10, 2015)
Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

6 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,522 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. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,599 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  3. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,288 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 . . ."

  4. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 227 times   1 Legal Analyses
    Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

  5. 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"

  6. 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"