Sherman K.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

9 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,387 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,503 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 1630.14 - Medical examinations and inquiries specifically permitted
29 C.F.R. § 1630.14 Cited 234 times 41 Legal Analyses
Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs
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 1630.13 - Prohibited medical examinations and inquiries
29 C.F.R. § 1630.13 Cited 59 times 2 Legal Analyses
Stating the general rule that, except as permitted by 29 C.F.R. § 1630.14, "it is unlawful for a covered entity to require a medical examination of an employee"
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

Sherman K.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

9 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

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"

Stating the general rule that, except as permitted by 29 C.F.R. § 1630.14, "it is unlawful for a covered entity to require a medical examination of an employee"

Indicating that failure to file timely appeal requires dismissal by EEOC