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

10 Cited authorities

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"
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,641 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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"
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 "
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"
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 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
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 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 1614.405 - 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.

10 Cited authorities

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

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 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 "

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"

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

Adopting ADA standards for Rehabilitation Act claims

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 . . ."

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

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