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George Gsell, Complainant, v. Mike Donley, Secretary, Department of the Air Force, Agency.

0120112105 (E.E.O.C. Apr. 10, 2012)
George Gsell, Complainant, v. Mike Donley, Secretary, Department of the Air Force, Agency.

11 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,559 times   22 Legal Analyses
    Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

  2. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,666 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 9,490 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 12,401 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 20,221 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 7,240 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. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,182 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 981 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. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,558 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  10. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,673 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  11. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,304 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 . . ."