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Complainant, v. Jeh Johnson, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency.

01-2012-3491-0500 (E.E.O.C. Jul. 22, 2015)
Complainant, v. Jeh Johnson, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency.

12 Cited authorities

  1. 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"

  2. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,592 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

  3. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,674 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  4. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,625 times   4 Legal Analyses
    Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

  5. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 980 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

  6. 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

  7. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,643 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  8. 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 . . ."

  9. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,686 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  10. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 477 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint

  11. 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"

  12. 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"