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Deborah McCants, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.

0120110870 (E.E.O.C. Mar. 6, 2012)
Deborah McCants, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.

15 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,687 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,173 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  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. Oliver v. Digital Equipment Corp.

    846 F.2d 103 (1st Cir. 1988)   Cited 413 times
    Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

  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 - 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

  10. 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

  11. 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 . . ."

  12. 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]”

  13. Section 1614.108 - Investigation of complaints

    29 C.F.R. § 1614.108   Cited 181 times   2 Legal Analyses
    Describing inquisitorial nature of investigation process

  14. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  15. 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"