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Emanuel W.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

0120152344 (E.E.O.C. Nov. 3, 2017)
Emanuel W.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

10 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,213 times   96 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. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,643 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  3. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,480 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

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

    509 U.S. 502 (1993)   Cited 12,391 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,204 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"

  6. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,233 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"

  7. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,534 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"

  8. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,592 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

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

    460 U.S. 711 (1983)   Cited 2,419 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

  10. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 980 times   1 Legal Analyses
    Holding that where a supervisor makes sexual overtures to employees of both genders, or where the conduct is equally offensive to male and female workers, the conduct may be actionable under state law, but it is not actionable as harassment under Title VII because men and women are accorded like treatment