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[Redacted], Don F., 1 Complainant, v. Carlos Del Toro, Secretary, Department of the Navy, Agency.

Appeal No. 2022002834 (E.E.O.C. Sep. 20, 2022)
[Redacted], Don F., 1 Complainant, v. Carlos Del Toro, Secretary, Department of the Navy, Agency.

12 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,243 times   42 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"

  2. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,828 times   104 Legal Analyses
    Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

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

    532 U.S. 268 (2001)   Cited 5,616 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. O'Neal v. Ferguson Const. Co.

    237 F.3d 1248 (10th Cir. 2001)   Cited 598 times   1 Legal Analyses
    Holding that a filing with the Equal Employment Opportunity Commission is a protected activity

  5. Richmond v. Oneok, Inc.

    120 F.3d 205 (10th Cir. 1997)   Cited 667 times
    Holding that a three month period, standing alone, is too long to infer causation from temporal proximity

  6. Oliver v. Digital Equipment Corp.

    846 F.2d 103 (1st Cir. 1988)   Cited 413 times
    Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

  7. Hughes v. Derwinski

    967 F.2d 1168 (7th Cir. 1992)   Cited 356 times   1 Legal Analyses
    Holding that a four-month period was insufficient

  8. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 53,078 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  9. 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"

  10. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  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