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[Redacted], Quinn B., 1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, Agency.

Appeal No. 2019004267 (E.E.O.C. May. 25, 2021)
[Redacted], Quinn B., 1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, Agency.

20 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. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,322 times   100 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  4. 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

  5. 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"

  6. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,132 times   92 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  7. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,406 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  8. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,509 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  9. 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

  10. US Airways, Inc. v. Barnett

    535 U.S. 391 (2002)   Cited 1,076 times   29 Legal Analyses
    Holding that "reasonable accommodation" in ADA means more than just effective accommodation

  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 6101 - Basic 40-hour workweek; work schedules; regulations

    5 U.S.C. § 6101   Cited 18 times
    In 5 U.S.C. § 6101(c), Congress granted OPM the authority to "prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency."

  13. Section 6302 - General provisions

    5 U.S.C. § 6302   Cited 8 times
    Explaining that accrued annual leave "may be granted at any time during the year as the head of the agency concerned may prescribe"

  14. 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"

  15. Section 1604.11 - Sexual harassment

    29 C.F.R. § 1604.11   Cited 951 times   14 Legal Analyses
    Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

  16. 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]”

  17. 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"

  18. 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"

  19. 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