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Mirta Z.,1 Petitioner, v. Ryan D. McCarthy, Secretary, Department of the Army, Agency.

2020000566 (E.E.O.C. Dec. 11, 2019)
Mirta Z.,1 Petitioner, v. Ryan D. McCarthy, Secretary, Department of the Army, Agency.

9 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,668 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"

  2. 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

  3. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,448 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 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"

  5. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,188 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 52,868 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

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

    42 U.S.C. § 2000e-16   Cited 5,062 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"

  8. 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.O

  9. 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