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Thaddeus N.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

0120142701 (E.E.O.C. Feb. 6, 2019)
Thaddeus N.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

12 Cited authorities

  1. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,739 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  2. Gen. Tel. Co. v. EEOC

    446 U.S. 318 (1980)   Cited 1,397 times   7 Legal Analyses
    Holding that "the EEOC's enforcement suits should not be considered representative actions subject to Rule 23"

  3. 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

  4. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,598 times   1241 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  5. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,599 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"

  6. 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 . . ."

  7. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 475 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint

  8. Section 1614.103 - Complaints of discrimination covered by this part

    29 C.F.R. § 1614.103   Cited 210 times   3 Legal Analyses
    Stating that complaints of discrimination within the federal government extend to "all employment policies or practices affecting employees or applicants for employment "

  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 1614.204 - Class complaints

    29 C.F.R. § 1614.204   Cited 46 times
    Explaining that if an allegation was not previously discussed with the counselor, and the agent provides a satisfactory explanation for this omission, the "administrative judge shall refer the allegation to the agency for further counseling" before consolidating the allegation with the class complaint

  12. 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