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Lenny W.,1 Complainant, v. Alex M. Azar II, Secretary, Department of Health and Human Services (National Institutes of Health), Agency.

0120170311 (E.E.O.C. Jul. 30, 2019)
Lenny W.,1 Complainant, v. Alex M. Azar II, Secretary, Department of Health and Human Services (National Institutes of Health), Agency.

12 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,763 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  2. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 984 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

  3. West v. Gibson

    527 U.S. 212 (1999)   Cited 114 times   1 Legal Analyses
    Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated

  4. Walker v. Ford Motor Co.

    684 F.2d 1355 (11th Cir. 1982)   Cited 158 times
    Holding that plaintiff established hostile environment where racial harassment made plaintiff “feel unwanted and uncomfortable in his surroundings,” even though it was not directed at him

  5. McKinney v. Dole

    765 F.2d 1129 (D.C. Cir. 1985)   Cited 144 times
    Holding that sexual harassment, to be illegal, "need not take the form of sexual advances or of other incidents with clearly sexual overtones"

  6. Section 1981a - Damages in cases of intentional discrimination in employment

    42 U.S.C. § 1981a   Cited 4,256 times   55 Legal Analyses
    Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

  7. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,317 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 . . ."

  8. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,581 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"

  9. Section 1614.203 - Rehabilitation Act

    29 C.F.R. § 1614.203   Cited 265 times   1 Legal Analyses
    Applying the regulations set forth in 29 C.F.R. pt. 1630 to claims under § 501

  10. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 232 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]”

  11. 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"

  12. 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