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Wilbur R.,1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture (Rural Development), Agency.

0120172052 (E.E.O.C. Dec. 11, 2018)
Wilbur R.,1 Complainant, v. Sonny Perdue, Secretary, Department of Agriculture (Rural Development), Agency.

19 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,537 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 53,228 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 12,649 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. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,392 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,207 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"

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

    523 U.S. 75 (1998)   Cited 5,296 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"

  7. US Airways, Inc. v. Barnett

    535 U.S. 391 (2002)   Cited 1,100 times   29 Legal Analyses
    Holding that "reasonable accommodation" in ADA means more than just effective accommodation

  8. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,181 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

  9. Arnett v. Kennedy

    416 U.S. 134 (1974)   Cited 1,597 times   1 Legal Analyses
    Holding that federal statute authorizing discharge of federal employees for "such cause as will promote the efficiency of the service" was neither void for vagueness nor overbroad in light of "longstanding principles of employer-employee relationships" and "[the availability of legal counsel] to employees who [sought] advice on the interpretation of the Act and its regulations"

  10. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 980 times   1 Legal Analyses
    Holding that where a supervisor makes sexual overtures to employees of both genders, or where the conduct is equally offensive to male and female workers, the conduct may be actionable under state law, but it is not actionable as harassment under Title VII because men and women are accorded like treatment

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,500 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 2,303 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 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,518 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"

  14. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 473 times   6 Legal Analyses
    Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

  15. 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]”

  16. Section 1614.108 - Investigation of complaints

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

  17. 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"

  18. 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"

  19. 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