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Petitioner, v. Ray Mabus, Secretary, Department of the Navy, Agency.

0420120012 (E.E.O.C. Jun. 5, 2013)
Petitioner, v. Ray Mabus, Secretary, Department of the Navy, Agency.

16 Cited authorities

  1. 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

  2. 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

  3. Day v. Mathews

    530 F.2d 1083 (D.C. Cir. 1976)   Cited 101 times
    In Day v. Mathews, 530 F.2d 1083 (D.C. Cir. 1976), there was conceded proof that the Department of Health, Education and Welfare had treated Mr. Day's applications for promotion in discriminatory fashion.

  4. Hairston v. McLean Trucking Co.

    520 F.2d 226 (4th Cir. 1975)   Cited 61 times
    In Hairston, the district court denied back pay to some members of a class who were systematically discriminated against in employment because of race. Hairston, supra, 520 F.2d at 229.

  5. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,852 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  6. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,773 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

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

    42 U.S.C. § 2000e-16   Cited 5,060 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 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,314 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 6621 - Determination of rate of interest

    26 U.S.C. § 6621   Cited 1,894 times   23 Legal Analyses
    Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

  10. 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 763 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  11. 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

  12. 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

  13. 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"

  14. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 45 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  15. Section 550.805 - Back pay computations

    5 C.F.R. § 550.805   Cited 35 times
    Stating that, although "outside earnings ... undertaken to replace" the employment from which an employee has been wrongfully separated should be deducted in calculating backpay, "earnings from additional or ‘moonlight’ employment the employee may have engaged in while Federally employed (before separation) and while erroneously separated" should not be deducted

  16. Section 550.806 - Interest computations

    5 C.F.R. § 550.806   Cited 8 times

    (a) (1) Interest begins to accrue on the date or dates (usually one or more pay dates) on which the employee would have received the pay, allowances, and differentials if the unjustified or unwarranted personnel action had not occurred. (2) Interest accrual ends at a time selected by the agency that is no more than 30 days before the date of the back pay interest payment. No interest is payable if a complete back pay payment is made within 30 days after any erroneous withdrawal, reduction, or denial