Tristan S.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

13 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,213 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 12,391 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 20,204 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"
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
Ash v. Tyson Foods
546 U.S. 454 (2006) Cited 709 times 7 Legal Analyses
Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus
Canham v. Oberlin College
666 F.2d 1057 (6th Cir. 1981) Cited 10 times
In Canham v. Oberlin College, 666 F.2d 1057 (6th Cir. 1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982), the claim was sex discrimination.
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,695 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 1614.105 - Pre-complaint processing
29 C.F.R. § 1614.105 Cited 2,687 times 13 Legal Analyses
Requiring complainant initially to notify agency and make effort to resolve matter informally
Section 1614.107 - Dismissals of complaints
29 C.F.R. § 1614.107 Cited 477 times 5 Legal Analyses
Explaining the notice requirements for partial dismissal of claims in an EEO complaint
Section 1614.110 - Final action by agencies
29 C.F.R. § 1614.110 Cited 229 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]”
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

Tristan S.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

13 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 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 decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus

In Canham v. Oberlin College, 666 F.2d 1057 (6th Cir. 1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982), the claim was sex discrimination.

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Requiring complainant initially to notify agency and make effort to resolve matter informally

Explaining the notice requirements for partial dismissal of claims in an EEO complaint

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]”

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