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[Redacted], Salvatore B., 1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security (Headquarters), Agency.

Appeal No. 2020001027 (E.E.O.C. Mar. 25, 2021)
[Redacted], Salvatore B., 1 Complainant, v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security (Headquarters), Agency.

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,495 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Oliver v. Digital Equipment Corp.

    846 F.2d 103 (1st Cir. 1988)   Cited 413 times
    Holding that discharge over two and one half years after employee filed EEOC complaint was insufficient showing of retaliation to avoid summary judgment for employer

  3. Hudson v. International Business Machines Corp.

    620 F.2d 351 (2d Cir. 1980)   Cited 113 times
    Holding that the McDonnellDouglas criteria should apply to Section 1981 claims

  4. Talley v. United States Postal Service

    720 F.2d 505 (8th Cir. 1983)   Cited 57 times
    Finding that plaintiff, who was a temporary casual employee, was not similarly situated to other employees, career employees who were subject to a different disciplinary system

  5. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,428 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  6. 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"

  7. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  8. 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"

  9. 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