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Devon H.,1 Complainant, v. Kevin K. McAleenan, Acting Secretary, Department of Homeland Security (Transportation Security Administration), Agency.

0120181822 (E.E.O.C. Sep. 30, 2019)
Devon H.,1 Complainant, v. Kevin K. McAleenan, Acting Secretary, Department of Homeland Security (Transportation Security Administration), Agency.

17 Cited authorities

  1. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,640 times   6 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

  2. Franks v. Bowman Transportation Co.

    424 U.S. 747 (1976)   Cited 1,100 times   9 Legal Analyses
    Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement

  3. Cygnar v. City of Chicago

    865 F.2d 827 (7th Cir. 1989)   Cited 169 times   2 Legal Analyses
    Holding that evidence that patronage targets' names were known by defendant to be on Democratic Party contributors' list sufficient to support finding that defendant knew, despite his denial, of their political affiliations

  4. Hukkanen v. Intern. Union of Operating Eng'rs

    3 F.3d 281 (8th Cir. 1993)   Cited 146 times   1 Legal Analyses
    Holding under Title VII that "calculation of front pay . . . is a matter of equitable relief within the district court's sound discretion"

  5. Doe v. the United States

    132 F.3d 1430 (Fed. Cir. 1997)   Cited 12 times
    Holding that the plaintiff overcame the arbitrary and capricious standard in a military discharge case, where the administrative board considered hearsay evidence without allowing the Plaintiff rebuttal

  6. Barbour v. Medlantic Management Corp.

    952 F. Supp. 857 (D.D.C. 1997)   Cited 7 times
    Holding defendants "bear the burden to establish a failure to mitigate as well as interim earnings" and that, defendants "must demonstrate that substantially equivalent positions were available and that the plaintiff failed to use reasonable diligence to obtain such positions."

  7. U.S. Equal Employment Opportunity Commission v. ALC Security Investigations, Ltd.

    823 F. Supp. 571 (N.D. Ill. 1993)   Cited 10 times
    Finding injunctive relief proper because the jury concluded there was a violation of the law and it was clear from the testimony at trial that the defendant still believed that its conduct was proper

  8. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,062 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  9. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,319 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 . . ."

  10. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 763 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  11. 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]”

  12. 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"

  13. Section 1614.408 - Civil action: Equal Pay Act

    29 C.F.R. § 1614.408   Cited 113 times
    Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

  14. 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"

  15. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  16. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 51 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  17. 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