Marquis K.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

26 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,641 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"
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,734 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
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
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,739 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,638 times 6 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
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
Franks v. Bowman Transportation Co.
424 U.S. 747 (1976) Cited 1,100 times 9 Legal Analyses
Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy 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 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,763 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"
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,051 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 1981a - Damages in cases of intentional discrimination in employment
42 U.S.C. § 1981a Cited 4,247 times 55 Legal Analyses
Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,311 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 . . ."
Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act
29 C.F.R. § 1614.407 Cited 758 times 1 Legal Analyses
Authorizing civil actions if no final action is taken within 180 days after a complaint is filed
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 1614.408 - Civil action: Equal Pay Act
29 C.F.R. § 1614.408 Cited 113 times
Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision
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 1614.503 - Enforcement of final Commission decisions
29 C.F.R. § 1614.503 Cited 64 times
Describing civil action for enforcement of administrative award
Section 1614.409 - Effect of filing a civil action
29 C.F.R. § 1614.409 Cited 51 times
Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"
Section 1614.501 - Remedies and relief
29 C.F.R. § 1614.501 Cited 45 times 3 Legal Analyses
Incorporating § 1920 into the regulations
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

Marquis K.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs, Agency.

26 Cited authorities

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"

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

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 "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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 an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

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 the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement

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

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

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 . . ."

Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

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"

Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

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

Describing civil action for enforcement of administrative award

Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

Incorporating § 1920 into the regulations

Indicating that failure to file timely appeal requires dismissal by EEOC