[Redacted], Marina A., 1 Complainant, v. Lloyd J. Austin III, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

21 Cited authorities

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"
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
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
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"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,407 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 2,165 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
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
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"
Section 7121 - Grievance procedures
5 U.S.C. § 7121 Cited 479 times 4 Legal Analyses
Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"
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 738 times 1 Legal Analyses
Authorizing civil actions if no final action is taken within 180 days after a complaint is filed
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
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]”
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 "
Section 1614.108 - Investigation of complaints
29 C.F.R. § 1614.108 Cited 179 times 2 Legal Analyses
Describing inquisitorial nature of investigation process
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"
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
Section 1614.301 - Relationship to negotiated grievance procedure
29 C.F.R. § 1614.301 Cited 101 times
Governing the procedures available to an individual who is covered by a collective bargaining agreement
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"
Section 1614.503 - Enforcement of final Commission decisions
29 C.F.R. § 1614.503 Cited 63 times
Describing civil action for enforcement of administrative award

[Redacted], Marina A., 1 Complainant, v. Lloyd J. Austin III, Secretary, Department of Defense (Department of Defense Education Activity), Agency.

21 Cited authorities

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"

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

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"

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

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

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"

Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

Explaining the notice requirements for partial dismissal of claims in an EEO complaint

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]”

Stating that complaints of discrimination within the federal government extend to "all employment policies or practices affecting employees or applicants for employment "

Describing inquisitorial nature of investigation process

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

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

Governing the procedures available to an individual who is covered by a collective bargaining agreement

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

Describing civil action for enforcement of administrative award