11 Cited authorities
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,440 times 95 Legal AnalysesHolding 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,287 times 8 Legal AnalysesHolding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,012 times 9 Legal AnalysesHolding 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"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,407 times 5 Legal AnalysesHolding 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
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,165 times 4 Legal AnalysesHolding 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
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,702 times 129 Legal AnalysesGranting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,276 times 6 Legal AnalysesAdopting 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 . . ."
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,362 times 141 Legal AnalysesHolding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"
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 AnalysesDetermining 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
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
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