Renato K.,1 Complainant, v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

10 Cited authorities

Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,615 times 5 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
Franks v. Bowman Transportation Co.
424 U.S. 747 (1976) Cited 1,097 times 7 Legal Analyses
Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement
West v. Gibson
527 U.S. 212 (1999) Cited 112 times 1 Legal Analyses
Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,678 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 1981a - Damages in cases of intentional discrimination in employment
42 U.S.C. § 1981a Cited 4,167 times 55 Legal Analyses
Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
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 . . ."
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 1614.604 - 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 1614.405 - 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 1614.403 - How to appeal
29 C.F.R. § 1614.403 Cited 34 times
Indicating that failure to file timely appeal requires dismissal by EEOC

Renato K.,1 Complainant, v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security (Immigration and Customs Enforcement), Agency.

10 Cited authorities

Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement

Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated

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

Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

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 . . ."

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]”

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

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

Indicating that failure to file timely appeal requires dismissal by EEOC