Clinton C.,1 Complainant, v. Lonnie G. Bunch III, Secretary, Smithsonian Institution, Agency.

29 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 241,266 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,657 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"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,528 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,203 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
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,643 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,388 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,200 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,419 times 5 Legal Analyses
Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,179 times 4 Legal Analyses
Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context
Corning Glass Works v. Brennan
417 U.S. 188 (1974) Cited 1,425 times 7 Legal Analyses
Holding that an employer has the burden of proof to show that it falls within the stated exemption
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 336,206 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,470 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,692 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"
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,854 times 143 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,056 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,303 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 . . ."
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,517 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"
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 140 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
Section 1620.14 - Testing equality of jobs
29 C.F.R. § 1620.14 Cited 93 times
Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met
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"
Section 1620.15 - Jobs requiring equal skill in performance
29 C.F.R. § 1620.15 Cited 78 times
Discussing ability as a subfactor of skill
Section 1620.17 - Jobs requiring equal responsibility in performance
29 C.F.R. § 1620.17 Cited 58 times
Stating that "payment of a higher rate" to an employee who has "additional degree of responsibility which may materially affect the business operations of the employer" is permissible
Section 1620.16 - Jobs requiring equal effort in performance
29 C.F.R. § 1620.16 Cited 38 times
Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"
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

Clinton C.,1 Complainant, v. Lonnie G. Bunch III, Secretary, Smithsonian Institution, Agency.

29 Cited authorities

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"

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"

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

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

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context

Holding that an employer has the burden of proof to show that it falls within the stated exemption

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Asking only whether the alleged inequality resulted from “any other factor other than sex”

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 . . ."

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"

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Governing administrative hearings

Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Discussing ability as a subfactor of skill

Stating that "payment of a higher rate" to an employee who has "additional degree of responsibility which may materially affect the business operations of the employer" is permissible

Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"

Indicating that failure to file timely appeal requires dismissal by EEOC