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

0120180616 (E.E.O.C. Sep. 26, 2019)
Alfredo S.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

11 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,763 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  2. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,549 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  3. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,268 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  4. Nichols v. Azteca Rest. Enters., Inc.

    256 F.3d 864 (9th Cir. 2001)   Cited 576 times   2 Legal Analyses
    Holding employer liable where its "solution" failed "to deter future harassment"

  5. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 984 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

  6. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,867 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  7. Section 1614.302 - Mixed case complaints

    29 C.F.R. § 1614.302   Cited 413 times   2 Legal Analyses
    Recognizing that once a formal appeal or complaint is filed in either forum, it "shall be considered an election to proceed in that forum"

  8. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 232 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]”

  9. 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"

  10. 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"

  11. 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