Dinah L.,1 Complainant, v. James N. Mattis, Secretary, Department of Defense (Defense Contract Audit Agency), Agency.

20 Cited authorities

  1. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,187 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,406 times   95 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
  3. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,283 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
  4. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 19,997 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"
  5. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,406 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
  6. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,164 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
  7. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,683 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
  8. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,503 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
  9. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,276 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 2000ff - Definitions

    42 U.S.C. § 2000ff   Cited 142 times   6 Legal Analyses
    Adopting the definition of employer in Title VII, 42 U.S.C. § 2000e(b)
  11. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,358 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"
  12. Section 1604.11 - Sexual harassment

    29 C.F.R. § 1604.11   Cited 951 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"
  13. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 464 times   6 Legal Analyses
    Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”
  14. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 226 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]”
  15. Section 1614.108 - Investigation of complaints

    29 C.F.R. § 1614.108   Cited 179 times   2 Legal Analyses
    Describing inquisitorial nature of investigation process
  16. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 137 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
  17. Section 1614.405 - Decisions on appeals

    29 C.F.R. § 1614.405   Cited 81 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"
  18. 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
  19. Section 1635.3 - Definitions specific to GINA

    29 C.F.R. § 1635.3   Cited 28 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

  20. 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;