§

James C. Davis, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

0120103033 (E.E.O.C. Dec. 8, 2011)
James C. Davis, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

16 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,675 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. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,613 times   98 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 12,766 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 12,449 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 20,306 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. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,639 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

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

    460 U.S. 711 (1983)   Cited 2,426 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

  8. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,188 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

  9. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 249 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"

  10. 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

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,877 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  12. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,779 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"

  13. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,778 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,319 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 . . ."

  15. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,717 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  16. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 484 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint