Adalberto P.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

7 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,201 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,287 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 20,012 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"
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,276 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 . . ."
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 137 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 81 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"

Adalberto P.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

7 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

St. Mary's Honor Ctr. v. Hicks

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

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"

Section 791 - Employment of individuals with disabilities

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 . . ."

Section 1614.604 - Filing and computation of time

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Section 1614.109 - Hearings

Governing administrative hearings

Section 1614.405 - Decisions on appeals

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"