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Howard R. Baum, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency.

0120110333 (E.E.O.C. Jan. 19, 2012)
Howard R. Baum, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Citizenship and Immigration Services), Agency.

13 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,384 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. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,477 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,859 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

  4. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,534 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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

    509 U.S. 502 (1993)   Cited 12,342 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 20,113 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"

  7. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,175 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 979 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 52,132 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  10. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,608 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"

  11. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,532 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  12. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,289 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 . . ."

  13. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,662 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally