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Carletta W.,1 Complainant, v. Richard V. Spencer, Secretary, Department of the Navy, Agency.

0120151989 (E.E.O.C. Nov. 6, 2017)
Carletta W.,1 Complainant, v. Richard V. Spencer, Secretary, Department of the Navy, Agency.

13 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,600 times   98 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

  2. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,448 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,306 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"

  4. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,426 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

  5. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,188 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

  6. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,317 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 . . ."

  7. Section 2000ff - Definitions

    42 U.S.C. § 2000ff   Cited 161 times   6 Legal Analyses
    Adopting the definition of employer in Title VII, 42 U.S.C. § 2000e(b)

  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

  12. Section 1635.3 - Definitions specific to GINA

    29 C.F.R. § 1635.3   Cited 31 times   21 Legal Analyses

    (a)Family member means with respect to any individual: (1) A person who is a dependent of that individual as the result of marriage, birth, adoption, or placement for adoption; or (2) A first-degree, second-degree, third-degree, or fourth-degree relative of the individual, or of a dependent of the individual as defined in § 1635.3(a)(1) . (i) First-degree relatives include an individual's parents, siblings, and children. (ii) Second-degree relatives include an individual's grandparents, grandchildren

  13. Section 1635.1 - Purpose

    29 C.F.R. § 1635.1   1 Legal Analyses

    (a) The purpose of this part is to implement Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff , et seq. Title II of GINA: (1) Prohibits use of genetic information in employment decision-making; (2) Restricts employers and other entities subject to Title II of GINA from requesting, requiring, or purchasing genetic information; (3) Requires that genetic information be maintained as a confidential medical record, and places strict limits on disclosure of genetic information;