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

12 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,210 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,389 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,203 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"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,419 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
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 2,180 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 1,626 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 52,481 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,517 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"
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"
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

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

12 Cited authorities

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 a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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 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

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"

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

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

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"

Indicating that failure to file timely appeal requires dismissal by EEOC