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[Redacted], Carl Y., 1 Complainant, v. Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency.

Appeal No. 2021000978 (E.E.O.C. Feb. 9, 2021)
[Redacted], Carl Y., 1 Complainant, v. Dat Tran, Acting Secretary, Department of Veterans Affairs, Agency.

13 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,396 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  2. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,509 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

  3. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,702 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  4. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,511 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  5. 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 . . ."

  6. Section 7121 - Grievance procedures

    5 U.S.C. § 7121   Cited 479 times   4 Legal Analyses
    Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"

  7. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 472 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint

  8. Section 1614.302 - Mixed case complaints

    29 C.F.R. § 1614.302   Cited 402 times   2 Legal Analyses
    Recognizing that once a formal appeal or complaint is filed in either forum, it "shall be considered an election to proceed in that forum"

  9. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 137 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  10. Section 1614.301 - Relationship to negotiated grievance procedure

    29 C.F.R. § 1614.301   Cited 101 times
    Governing the procedures available to an individual who is covered by a collective bargaining agreement

  11. 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"

  12. Section 1201.151 - Scope and policy

    5 C.F.R. § 1201.151   Cited 62 times
    Establishing rules for “any case in which an employee or applicant for employment alleges that a personnel action appealable to the Board was based, in whole or in part, on prohibited discrimination”

  13. 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