Andres M.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

17 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 243,535 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 222,599 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"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,667 times 99 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
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,322 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"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,428 times 5 Legal Analyses
Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination
Morgan v. Hilti, Inc.
108 F.3d 1319 (10th Cir. 1997) Cited 1,174 times
Holding that the plaintiff failed to create an inference of pretext when the disciplinary actions "simply completed the disciplinary process already set in motion" before the plaintiff had engaged in protected speech
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
Tincher v. Wal-Mart Stores, Inc.
118 F.3d 1125 (7th Cir. 1997) Cited 87 times
Holding that evidence of egregiousness is required for punitive damages, since otherwise "every employment discrimination claim [could] include a punitive damage award because every employment discrimination plaintiff must demonstrate an intentional unlawful discrimination"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,516 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,922 times 132 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,790 times 22 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 623 - Prohibition of age discrimination
29 U.S.C. § 623 Cited 10,362 times 51 Legal Analyses
Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
Section 1614.101 - General policy
29 C.F.R. § 1614.101 Cited 175 times
Providing that "[n]o person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act [or] the Age Discrimination in Employment Act . . . or for participating in any stage of administrative or judicial proceedings under those statutes"
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 1614.109 - 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 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

Andres M.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

17 Cited authorities

Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

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"

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 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 because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

Holding that the plaintiff failed to create an inference of pretext when the disciplinary actions "simply completed the disciplinary process already set in motion" before the plaintiff had engaged in protected speech

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

Holding that evidence of egregiousness is required for punitive damages, since otherwise "every employment discrimination claim [could] include a punitive damage award because every employment discrimination plaintiff must demonstrate an intentional unlawful discrimination"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

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

Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

Providing that "[n]o person shall be subject to retaliation for opposing any practice made unlawful by title VII of the Civil Rights Act [or] the Age Discrimination in Employment Act . . . or for participating in any stage of administrative or judicial proceedings under those statutes"

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

Governing administrative hearings

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