§

Harvey G.,1 Complainant, v. Kevin McAleenan, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

0120172977 (E.E.O.C. Apr. 30, 2019)
Harvey G.,1 Complainant, v. Kevin McAleenan, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

12 Cited authorities

  1. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,588 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  2. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,294 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  3. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,619 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  4. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,365 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  5. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,656 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

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

    340 U.S. 474 (1951)   Cited 9,730 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 "

  7. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,634 times   5 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"

  8. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 987 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

  9. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 53,087 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  10. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 141 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  11. 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"

  12. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC