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Phyllis Winston, Complainant, v. Donna Shalala, Secretary, Department of Health and Human Services, Agency.

01985752 (E.E.O.C. Dec. 13, 2000)
Phyllis Winston, Complainant, v. Donna Shalala, Secretary, Department of Health and Human Services, Agency.

19 Cited authorities

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

    530 U.S. 133 (2000)   Cited 21,187 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,406 times   95 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. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,387 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  4. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,319 times   100 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

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

    509 U.S. 502 (1993)   Cited 12,283 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  6. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 19,997 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"

  7. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,129 times   92 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  8. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,172 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  9. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,506 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  10. Sutton v. United Air Lines, Inc.

    527 U.S. 471 (1999)   Cited 2,897 times   12 Legal Analyses
    Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."

  11. 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 860 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