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Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture (Food Safety and Inspection Service), Agency.

01-2013-0411-0500 (E.E.O.C. Apr. 22, 2015)
Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture (Food Safety and Inspection Service), Agency.

18 Cited authorities

  1. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,556 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,093 times   96 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  3. 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"

  4. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,458 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  5. 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"

  6. 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

  7. Heyman v. Queens Village Comm. for Mental Hlth

    198 F.3d 68 (2d Cir. 1999)   Cited 279 times
    Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease

  8. Lawson v. CSX Transportation, Inc.

    245 F.3d 916 (7th Cir. 2001)   Cited 217 times
    Holding that the plaintiff's diabetes and related medical conditions, which affected “many of the organ systems in his body,” were physical impairments under the ADA

  9. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 248 times   3 Legal Analyses
    Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

  10. Swanks v. Washington Met. Area Transit

    179 F.3d 929 (D.C. Cir. 1999)   Cited 50 times
    Observing that an employer "`may not obtain summary judgment by declaring it has a policy when [the employee] may have evidence that [the employer] follows the policy . . . selectively'" (quoting Baert v. Euclid Beverage, Ltd., 149 F.3d 626, 632 (7th Cir. 1998))

  11. 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

  12. 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

  13. 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 . . ."

  14. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,677 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  15. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 228 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]”

  16. 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"

  17. 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"