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Marcus D. Smith, Petitioner, v. Ray H. LaHood, Secretary, Department of Transportation (Federal Aviation Administration), Agency.

0320080085 (E.E.O.C. Mar. 21, 2012)
Marcus D. Smith, Petitioner, v. Ray H. LaHood, Secretary, Department of Transportation (Federal Aviation Administration), Agency.

11 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,178 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. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,385 times   95 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. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,282 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

    450 U.S. 248 (1981)   Cited 19,991 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"

  5. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,164 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

  6. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,673 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  7. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,390 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  8. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,276 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 . . ."

  9. Section 1614.303 - Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints

    29 C.F.R. § 1614.303   Cited 33 times

    (a)Who may file. Individuals who have received a final decision from the MSPB on a mixed case appeal or on the appeal of a final decision on a mixed case complaint under 5 CFR part 1201 , subpart E and 5 U.S.C. 7702 may petition EEOC to consider that decision. The EEOC will not accept appeals from MSPB dismissals without prejudice. (b)Method of filing. Filing shall be made by certified mail, return receipt requested, to the Office of Federal Operations, Equal Employment Opportunity Commission, P

  10. Section 1614.404 - Appellate procedure

    29 C.F.R. § 1614.404   Cited 17 times   2 Legal Analyses

    (a) On behalf of the Commission, the Office of Federal Operations shall review the complaint file and all written statements and briefs from either party. The Commission may supplement the record by an exchange of letters or memoranda, investigation, remand to the agency or other procedures. (b) If the Office of Federal Operations requests information from one or both of the parties to supplement the record, each party providing information shall send a copy of the information to the other party

  11. Section 1614.305 - Consideration procedures

    29 C.F.R. § 1614.305   Cited 4 times

    (a) Once a petition is filed, the Commission will examine it and determine whether the Commission will consider the decision of the MSPB. An agency may oppose the petition, either on the basis that the Commission should not consider the MSPB's decision or that the Commission should concur in the MSPB's decision, by filing any such argument with the Office of Federal Operations and serving a copy on the petitioner within 15 days of receipt by the Commission. (b) The Commission shall determine whether