Keri C.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

Corning Glass Works v. Brennan
417 U.S. 188 (1974) Cited 1,404 times 7 Legal Analyses
Holding that an employer has the burden of proof to show that it falls within the stated exemption
Schnellbaecher v. Baskin Clothing Co.
887 F.2d 124 (7th Cir. 1989) Cited 284 times
Holding "[b]ecause both the EEOC charge and the ensuing investigation were insufficient to put the defendants on notice of any intention of the plaintiffs to make allegations of class-wide discrimination in their complaint, the district judge was correct in dismissing the charges of class-wide discrimination."
Laffey v. Northwest Airlines, Inc.
567 F.2d 429 (D.C. Cir. 1976) Cited 353 times
Holding that under Title VII class action, single-filing cannot revive claims that are no longer viable at the time of filing
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,702 times 129 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 8,876 times 100 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 1614.107 - Dismissals of complaints
29 C.F.R. § 1614.107 Cited 472 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 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]”
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"
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 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"
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"

Keri C.,1 Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

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

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”

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"