Complainant, v. Sylvia Mathews Burwell, Secretary, Department of Health and Human Services (Centers for Medicare and Medicaid Services), Agency.

15 Cited authorities

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"
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"
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 "
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
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"
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
Walker v. Ford Motor Co.
684 F.2d 1355 (11th Cir. 1982) Cited 158 times
Holding that plaintiff established hostile environment where racial harassment made plaintiff “feel unwanted and uncomfortable in his surroundings,” even though it was not directed at him
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 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
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 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. Sylvia Mathews Burwell, Secretary, Department of Health and Human Services (Centers for Medicare and Medicaid Services), Agency.

15 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 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 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 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 "[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"

Holding that plaintiff established hostile environment where racial harassment made plaintiff “feel unwanted and uncomfortable in his surroundings,” even though it was not directed at him

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"

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"