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[Redacted], Yael S., 1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Southern Area), Agency.

Appeal No. 2021000064 (E.E.O.C. Aug. 29, 2022)
[Redacted], Yael S., 1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Southern Area), Agency.

11 Cited authorities

  1. 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

  2. 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

  3. 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"

  4. 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 . . ."

  5. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,500 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

  6. 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"

  7. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 471 times   6 Legal Analyses
    Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

  8. 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]”

  9. 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"

  10. 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"

  11. 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