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[Redacted], Foster B., 1 Complainant, v. Xavier Becerra, Secretary, Department of Health and Human Services (Indian Health Service), Agency.

Appeal No. 2019005682 (E.E.O.C. Apr. 12, 2021)
[Redacted], Foster B., 1 Complainant, v. Xavier Becerra, Secretary, Department of Health and Human Services (Indian Health Service), Agency.

17 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,627 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. Bostock v. Clayton County

    140 S. Ct. 1731 (2020)   Cited 1,024 times   112 Legal Analyses
    Holding that "[a]n employer who fires an individual merely for being gay or transgender defies [Title VII]"

  3. Nichols v. Azteca Rest. Enters., Inc.

    256 F.3d 864 (9th Cir. 2001)   Cited 569 times   2 Legal Analyses
    Holding employer liable where its "solution" failed "to deter future harassment"

  4. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 979 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

  5. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,419 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  6. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,023 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  7. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,302 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 . . ."

  8. Section 105 - Executive agency

    5 U.S.C. § 105   Cited 119 times   6 Legal Analyses
    Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"

  9. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 754 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  10. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 229 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]”

  11. Section 1614.103 - Complaints of discrimination covered by this part

    29 C.F.R. § 1614.103   Cited 211 times   3 Legal Analyses
    Stating that complaints of discrimination within the federal government extend to "all employment policies or practices affecting employees or applicants for employment "

  12. 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"

  13. Section 1614.408 - Civil action: Equal Pay Act

    29 C.F.R. § 1614.408   Cited 113 times
    Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

  14. 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"

  15. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  16. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 51 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  17. 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