Michael E. Littles, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,600 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 12,763 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,306 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"
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
Flowers v. Southern Regional Physician Serv
247 F.3d 229 (5th Cir. 2001) Cited 395 times 1 Legal Analyses
Holding that there is evidence of disability-based harassment when a supervisor hovers around an employee's work area, eavesdrops on her conversations, and intercepts her phone calls
Fox v. General Motors Corp.
247 F.3d 169 (4th Cir. 2001) Cited 370 times 1 Legal Analyses
Holding that a plaintiff presented evidence of "objectively severe and pervasive workplace harassment" under the ADA where the plaintiff had offered "a good deal of evidence that [his] supervisors ... in vulgar and profane language, constantly berated and harassed him and the other" workers with disabilities and that this harassment "occurred at least weekly"
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
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"
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,867 times 132 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,775 times 30 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims
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 . . ."
Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act
29 C.F.R. § 1630, app to Part 1630 Cited 877 times 8 Legal Analyses
Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact
Section 1630.9 - Not making reasonable accommodation
29 C.F.R. § 1630.9 Cited 473 times 6 Legal Analyses
Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

Michael E. Littles, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.

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

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 there is evidence of disability-based harassment when a supervisor hovers around an employee's work area, eavesdrops on her conversations, and intercepts her phone calls

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

Holding that sexual harassment, to be illegal, "need not take the form of sexual advances or of other incidents with clearly sexual overtones"

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

Adopting ADA standards for Rehabilitation Act claims

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 . . ."

Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact

Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”