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Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.

01-2012-3268-0500 (E.E.O.C. Sep. 1, 2015)
Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.

17 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,608 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"

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

    340 U.S. 474 (1951)   Cited 9,673 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 "

  3. 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"

  4. Oliver v. Digital Equipment Corp.

    846 F.2d 103 (1st Cir. 1988)   Cited 413 times
    Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

  5. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,462 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  6. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,691 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"

  7. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,640 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  8. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,026 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  9. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,302 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 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 755 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  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 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  13. Section 1614.408 - Civil action: Equal Pay Act

    29 C.F.R. § 1614.408   Cited 113 times
    Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a 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 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  16. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 51 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  17. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 42 times   3 Legal Analyses
    Incorporating § 1920 into the regulations