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[Redacted], Kendrick B., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

Appeal No. 2020004867 (E.E.O.C. Feb. 24, 2021)
[Redacted], Kendrick B., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

16 Cited authorities

  1. 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

  2. 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"

  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. 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

  6. Ash v. Tyson Foods

    546 U.S. 454 (2006)   Cited 701 times   7 Legal Analyses
    Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus

  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. Canham v. Oberlin College

    666 F.2d 1057 (6th Cir. 1981)   Cited 10 times
    In Canham v. Oberlin College, 666 F.2d 1057 (6th Cir. 1981), cert. denied, 456 U.S. 977, 102 S.Ct. 2242, 72 L.Ed.2d 851 (1982), the claim was sex discrimination.

  9. 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

  10. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,630 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally

  11. 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

  12. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 226 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]”

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

    29 C.F.R. § 1614.103   Cited 209 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 "

  14. 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"

  15. 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"

  16. 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