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

Appeal No. 2020004108 (E.E.O.C. Dec. 7, 2021)
[Redacted], Scarlet G., 1 Complainant, v. Denis R. McDonough, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

12 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. 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

  4. Heyman v. Queens Village Comm. for Mental Hlth

    198 F.3d 68 (2d Cir. 1999)   Cited 277 times
    Finding that an employer could "regard as" disabled an employee who had lymphoma where the employer had knowledge of employee's diagnosis and a previous employee had died from the same disease

  5. Lawson v. CSX Transportation, Inc.

    245 F.3d 916 (7th Cir. 2001)   Cited 217 times
    Holding that the plaintiff's diabetes and related medical conditions, which affected “many of the organ systems in his body,” were physical impairments under the ADA

  6. 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 . . ."

  7. 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

  8. 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]”

  9. Section 1614.108 - Investigation of complaints

    29 C.F.R. § 1614.108   Cited 179 times   2 Legal Analyses
    Describing inquisitorial nature of investigation process

  10. 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"

  11. 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"

  12. 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