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Taryn S. v. Dep't of Veterans Affairs

EEOC Appeal No. 0120162172 (E.E.O.C. Sep. 14, 2018)
Taryn S. v. Dep't of Veterans Affairs

29 Cited authorities

  1. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,312 times   104 Legal Analyses
    Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

  2. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,319 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

  3. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,129 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"

  4. Morris v. Oldham Cty. Fiscal Court

    201 F.3d 784 (6th Cir. 2000)   Cited 1,135 times
    Holding that incidents were not severe or pervasive enough to establish hostile work environment claim where the plaintiff alleged that her supervisor "frequently told jokes with sexual overtones, once referred to plaintiff as 'Hot Lips,' and several times made comments about [the plaintiff's] state of dress"

  5. Hawkins v. Anheuser-Busc

    517 F.3d 321 (6th Cir. 2008)   Cited 572 times   4 Legal Analyses
    Holding that "when coworker harassment is at issue, an employer is not liable for `mere negligence,' but is liable `if its response manifests indifference or unreasonableness in light of the facts the employer knew or should have known.'"

  6. 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

  7. Watson v. Blue Circle, Inc.

    324 F.3d 1252 (11th Cir. 2003)   Cited 186 times
    Holding that intervening action by employer was sufficient to sever claim where employers investigated plaintiff's allegations, took remedial action, and thereafter, plaintiff did not have problems with the alleged harasser

  8. Kramer v. Wasatch Cnty. Sheriff's Office

    743 F.3d 726 (10th Cir. 2014)   Cited 129 times   2 Legal Analyses
    Holding where plaintiff claims a municipal policy caused an employee to inflict injury, plaintiff's burden includes a showing "that the municipal action was taken with deliberate indifference to its known or obvious consequences"

  9. Shaw v. Autozone, Inc.

    180 F.3d 806 (7th Cir. 1999)   Cited 157 times
    Holding that plaintiff's subjective fear that she would suffer retaliation for filing a complaint not sufficient to excuse delay in reporting incidents of harassment

  10. Hirase-Doi v. U.S. West Communications, Inc.

    61 F.3d 777 (10th Cir. 1995)   Cited 165 times
    Holding plaintiff may rely on employer's notice of evidence of similar harassment by co-worker in order to raise a genuine issue of material fact about employer's notice

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,683 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  12. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,954 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  13. 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 . . ."

  14. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 738 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  15. 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

  16. 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

  17. 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]”

  18. 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"

  19. 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"

  20. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 63 times
    Describing civil action for enforcement of administrative award

  21. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 50 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  22. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 42 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  23. 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