Emerson P.,1 Complainant, v. Alex M. Azar II, Secretary, Department of Health and Human Services (Food and Drug Administration), Agency.

18 Cited authorities

  1. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,588 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,199 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
  3. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,642 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. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,388 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 20,199 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. 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
  7. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,179 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
  8. 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
  9. Carson v. Bethlehem Steel Corporation

    82 F.3d 157 (7th Cir. 1996)   Cited 295 times
    Holding that a race discrimination plaintiff need not establish he was replaced by a member of a different race but the "question instead is whether the plaintiff has established a logical reason to believe that the decision rests on a legally forbidden ground"
  10. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,468 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
  11. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,686 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally
  12. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 229 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]”
  13. Section 1614.108 - Investigation of complaints

    29 C.F.R. § 1614.108   Cited 183 times   2 Legal Analyses
    Describing inquisitorial nature of investigation process
  14. Section 1606.1 - Definition of national origin discrimination

    29 C.F.R. § 1606.1   Cited 179 times   4 Legal Analyses
    Defining "national origin discrimination" as including "denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group"
  15. 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"
  16. 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"
  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
  18. Section 1606.6 - Selection procedures

    29 C.F.R. § 1606.6   Cited 7 times

    (a) (1) In investigating an employer's selection procedures (including those identified below) for adverse impact on the basis of national origin, the Commission will apply the Uniform Guidelines on Employee Selection Procedures (UGESP), 29 CFR part 1607 . Employers and other users of selection procedures should refer to the UGESP for guidance on matters, such as adverse impact, validation and recordkeeping requirements for national origin groups. (2) Because height or weight requirements tend to