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[Redacted], Janet O.,1 Complainant, v. Rick Perry, Secretary, Department of Energy, Agency.

Appeal No. 2019001406 (E.E.O.C. Feb. 25, 2021)
[Redacted], Janet O.,1 Complainant, v. Rick Perry, Secretary, Department of Energy, Agency.

14 Cited authorities

  1. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,201 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,440 times   95 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

  3. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,287 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  4. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 20,012 times   9 Legal Analyses
    Holding 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"

  5. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,178 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  6. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,165 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

  7. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 977 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

  8. 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

  9. 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"

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

    42 U.S.C. § 2000e-16   Cited 4,956 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"

  11. 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 . . ."

  12. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,362 times   141 Legal Analyses
    Holding 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"

  13. 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

  14. 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