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[Redacted], Anne G., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

Appeal No. 2022003036 (E.E.O.C. Jan. 31, 2023)
[Redacted], Anne G., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

19 Cited authorities

  1. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,559 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"

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,293 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

  3. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,666 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  4. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,490 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

  5. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,401 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  6. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 20,221 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"

  7. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,240 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"

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

    523 U.S. 75 (1998)   Cited 5,303 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"

  9. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,422 times   5 Legal Analyses
    Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

  10. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,182 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

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,558 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  12. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,304 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 . . ."

  13. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 230 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]”

  14. Section 1614.108 - Investigation of complaints

    29 C.F.R. § 1614.108   Cited 183 times   2 Legal Analyses
    Describing inquisitorial nature of investigation process

  15. 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"

  16. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 44 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  17. 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