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Giselle W.,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

0120162671 (E.E.O.C. May. 15, 2018)
Giselle W.,1 Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.

22 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,186 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 52,401 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 12,282 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 19,994 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. 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

  6. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 248 times   3 Legal Analyses
    Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

  7. Hochstadt v. Worcester Foundation, Etc.

    425 F. Supp. 318 (D. Mass. 1976)   Cited 87 times
    Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

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

    42 U.S.C. § 2000e-16   Cited 4,954 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 2,276 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 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"

  11. 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 738 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  12. Section 1630.14 - Medical examinations and inquiries specifically permitted

    29 C.F.R. § 1630.14   Cited 234 times   41 Legal Analyses
    Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

  13. 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]”

  14. 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"

  15. 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

  16. 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"

  17. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 63 times
    Describing civil action for enforcement of administrative award

  18. Section 1630.13 - Prohibited medical examinations and inquiries

    29 C.F.R. § 1630.13   Cited 59 times   2 Legal Analyses
    Stating the general rule that, except as permitted by 29 C.F.R. § 1630.14, "it is unlawful for a covered entity to require a medical examination of an employee"

  19. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 50 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"