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[Redacted], Michal J., 1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

Appeal No. 2021002523 (E.E.O.C. May. 2, 2022)
[Redacted], Michal J., 1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

15 Cited authorities

  1. 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"

  2. 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

  3. 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"

  4. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,516 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  5. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,582 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  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. Zabkowicz v. West Bend Co.

    589 F. Supp. 780 (E.D. Wis. 1984)   Cited 26 times
    Considering whether it "was within the defendants' capability to halt the harassment campaign"

  8. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,668 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"

  9. 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 . . ."

  10. Section 1604.11 - Sexual harassment

    29 C.F.R. § 1604.11   Cited 957 times   14 Legal Analyses
    Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

  11. 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]”

  12. 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"

  13. Section 1614.402 - Time for appeals to the Commission

    29 C.F.R. § 1614.402   Cited 116 times
    Setting forth thirty-day period in which Title VII complainant may appeal agency's final decision

  14. 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"

  15. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC