§

Beryl B.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

2019002119 (E.E.O.C. Aug. 30, 2019)
Beryl B.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

14 Cited authorities

  1. 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"

  2. 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"

  3. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,777 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. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,559 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

  5. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,276 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"

  6. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,601 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  7. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,642 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  8. 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

  9. 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

  10. Section 1604.11 - Sexual harassment

    29 C.F.R. § 1604.11   Cited 960 times   14 Legal Analyses
    Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

  11. 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"

  12. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  13. 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"

  14. 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