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

21 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,515 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,433 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,285 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"
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
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,187 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
Corning Glass Works v. Brennan
417 U.S. 188 (1974) Cited 1,439 times 7 Legal Analyses
Holding that an employer has the burden of proof to show that it falls within the stated exemption
Laffey v. Northwest Airlines, Inc.
567 F.2d 429 (D.C. Cir. 1976) Cited 355 times
Holding that under Title VII class action, single-filing cannot revive claims that are no longer viable at the time of filing
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"
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
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,769 times 131 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,130 times 103 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 1614.105 - Pre-complaint processing
29 C.F.R. § 1614.105 Cited 2,708 times 13 Legal Analyses
Requiring complainant initially to notify agency and make effort to resolve matter informally
Section 1614.107 - Dismissals of complaints
29 C.F.R. § 1614.107 Cited 482 times 5 Legal Analyses
Explaining the notice requirements for partial dismissal of claims in an EEO complaint
Section 1614.110 - Final action by agencies
29 C.F.R. § 1614.110 Cited 231 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]”
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"
Section 1620.14 - Testing equality of jobs
29 C.F.R. § 1620.14 Cited 93 times
Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met
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"
Section 1620.15 - Jobs requiring equal skill in performance
29 C.F.R. § 1620.15 Cited 78 times
Discussing ability as a subfactor of skill
Section 1620.17 - Jobs requiring equal responsibility in performance
29 C.F.R. § 1620.17 Cited 58 times
Stating that "payment of a higher rate" to an employee who has "additional degree of responsibility which may materially affect the business operations of the employer" is permissible
Section 1620.16 - Jobs requiring equal effort in performance
29 C.F.R. § 1620.16 Cited 38 times
Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"
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

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

21 Cited authorities

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

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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"

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

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

Holding that an employer has the burden of proof to show that it falls within the stated exemption

Holding that under Title VII class action, single-filing cannot revive claims that are no longer viable at the time of filing

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"

Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Requiring complainant initially to notify agency and make effort to resolve matter informally

Explaining the notice requirements for partial dismissal of claims in an EEO complaint

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]”

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Explaining that the requirements of substantially equal skill, effort, and responsibility are separate tests, each of which must be met

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Discussing ability as a subfactor of skill

Stating that "payment of a higher rate" to an employee who has "additional degree of responsibility which may materially affect the business operations of the employer" is permissible

Stating that "[w]here substantial differences exist in the amount or degree of effort required to be expended in the performance of jobs, the equal pay standard cannot apply even though the jobs may be equal in all other respects"

Indicating that failure to file timely appeal requires dismissal by EEOC