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Gary Besemer, Petitioner, v. Anthony M. Frank, Postmaster General, United States Postal Service, Agency.

04890005 (E.E.O.C. Dec. 14, 1989)
Gary Besemer, Petitioner, v. Anthony M. Frank, Postmaster General, United States Postal Service, Agency.

12 Cited authorities

  1. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,622 times   6 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

  2. Lehman v. Nakshian

    453 U.S. 156 (1981)   Cited 1,032 times
    Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"

  3. Day v. Mathews

    530 F.2d 1083 (D.C. Cir. 1976)   Cited 101 times
    In Day v. Mathews, 530 F.2d 1083 (D.C. Cir. 1976), there was conceded proof that the Department of Health, Education and Welfare had treated Mr. Day's applications for promotion in discriminatory fashion.

  4. Hairston v. McLean Trucking Co.

    520 F.2d 226 (4th Cir. 1975)   Cited 61 times
    In Hairston, the district court denied back pay to some members of a class who were systematically discriminated against in employment because of race. Hairston, supra, 520 F.2d at 229.

  5. Smallwood v. United Air Lines, Inc.

    728 F.2d 614 (4th Cir. 1984)   Cited 41 times
    Holding that absent the discrimination, "the defendant would unquestionably not have found the plaintiff qualified for employment"

  6. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,092 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  7. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 11,010 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  8. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,282 times   55 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

  9. 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 . . ."

  10. Section 633a - Nondiscrimination on account of age in Federal Government employment

    29 U.S.C. § 633a   Cited 1,288 times   18 Legal Analyses
    Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations

  11. Section 794c - Interagency Disability Coordinating Council

    29 U.S.C. § 794c   Cited 4 times
    Referring to "the various departments, agencies, and branches of the Federal Government responsible for the implementation and enforcement of the provisions of this subchapter"

  12. Section 550.805 - Back pay computations

    5 C.F.R. § 550.805   Cited 35 times
    Stating that, although "outside earnings ... undertaken to replace" the employment from which an employee has been wrongfully separated should be deducted in calculating backpay, "earnings from additional or ‘moonlight’ employment the employee may have engaged in while Federally employed (before separation) and while erroneously separated" should not be deducted