Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

16 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 241,208 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 220,608 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"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,526 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 53,194 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
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,198 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"
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
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
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 . . ."
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 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"
Section 1630.9 - Not making reasonable accommodation
29 C.F.R. § 1630.9 Cited 473 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”
Section 1630.14 - Medical examinations and inquiries specifically permitted
29 C.F.R. § 1630.14 Cited 238 times 41 Legal Analyses
Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs
Section 1614.110 - Final action by agencies
29 C.F.R. § 1614.110 Cited 229 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]”
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 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"

Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

16 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 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 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

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

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"

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"

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”

Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

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]”

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

Governing administrative hearings

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