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[Redacted], Ayana C., 1 Complainant, v. Frank Kendall, Secretary, Department of the Air Force, Agency.

Appeal No. 2020003987 (E.E.O.C. Apr. 13, 2022)
[Redacted], Ayana C., 1 Complainant, v. Frank Kendall, Secretary, Department of the Air Force, Agency.

12 Cited authorities

  1. 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

  2. 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"

  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. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,426 times   5 Legal Analyses
    Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

  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. 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

  7. 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

  8. 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 . . ."

  9. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 232 times   1 Legal Analyses
    Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

  10. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 140 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  11. Section 1614.405 - Decisions on appeals

    29 C.F.R. § 1614.405   Cited 83 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"

  12. 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