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Michelina C.,1 Petitioner, v. James N. Mattis, Secretary, Department of Defense (Defense Threat Reduction Agency), Agency.

0420180002 (E.E.O.C. Nov. 13, 2018)
Michelina C.,1 Petitioner, v. James N. Mattis, Secretary, Department of Defense (Defense Threat Reduction Agency), Agency.

14 Cited authorities

  1. Hukkanen v. Intern. Union of Operating Eng'rs

    3 F.3d 281 (8th Cir. 1993)   Cited 142 times   1 Legal Analyses
    Holding under Title VII that "calculation of front pay . . . is a matter of equitable relief within the district court's sound discretion"

  2. Arneson v. Callahan

    128 F.3d 1243 (8th Cir. 1997)   Cited 31 times   1 Legal Analyses
    Holding plaintiffs could not rely on the BPA to obtain interest on a back pay award under the Rehabilitation Act of 1973 where the suit was brought under the Rehabilitation Act, not the BPA

  3. Doe v. the United States

    132 F.3d 1430 (Fed. Cir. 1997)   Cited 12 times
    Holding that the plaintiff overcame the arbitrary and capricious standard in a military discharge case, where the administrative board considered hearsay evidence without allowing the Plaintiff rebuttal

  4. Barbour v. Medlantic Management Corp.

    952 F. Supp. 857 (D.D.C. 1997)   Cited 7 times
    Holding defendants "bear the burden to establish a failure to mitigate as well as interim earnings" and that, defendants "must demonstrate that substantially equivalent positions were available and that the plaintiff failed to use reasonable diligence to obtain such positions."

  5. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,683 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  6. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,954 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"

  7. 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 . . ."

  8. 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 738 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  9. 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

  10. 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"

  11. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 63 times
    Describing civil action for enforcement of administrative award

  12. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 50 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  13. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 42 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  14. 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