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

Appeal No. 2021005137 (E.E.O.C. Mar. 21, 2023)
[Redacted], Lynnette M., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,634 times   41 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. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,199 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. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,388 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,199 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"

  5. US Airways, Inc. v. Barnett

    535 U.S. 391 (2002)   Cited 1,097 times   29 Legal Analyses
    Holding that "reasonable accommodation" in ADA means more than just effective accommodation

  6. 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

  7. 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

  8. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,468 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  9. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,302 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 . . ."

  10. 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"

  11. Section 1614.109 - Hearings

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

  12. 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"

  13. 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