[Redacted], Edgardo D., 1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Executive Office for Immigration Review (EOIR)), Agency.

17 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 243,773 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 222,793 times 41 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,702 times 100 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
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,791 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,463 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,428 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
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,190 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
Henson v. City of Dundee
682 F.2d 897 (11th Cir. 1982) Cited 985 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
Oliver v. Digital Equipment Corp.
846 F.2d 103 (1st Cir. 1988) Cited 413 times
Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,855 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,958 times 132 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,801 times 22 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,321 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 . . ."
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"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
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"
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

[Redacted], Edgardo D., 1 Complainant, v. Merrick B. Garland, Attorney General, Department of Justice (Executive Office for Immigration Review (EOIR)), Agency.

17 Cited authorities

Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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

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

Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

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 . . ."

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Governing administrative hearings

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Indicating that failure to file timely appeal requires dismissal by EEOC