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Vickie P.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

0120150493 (E.E.O.C. Dec. 19, 2017)
Vickie P.,1 Complainant, v. Dr. David J. Shulkin, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

16 Cited authorities

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

    548 U.S. 53 (2006)   Cited 11,734 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. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,260 times   93 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"

  3. Henson v. City of Dundee

    682 F.2d 897 (11th Cir. 1982)   Cited 983 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. Hochstadt v. Worcester Foundation for Experimental Biology

    545 F.2d 222 (1st Cir. 1976)   Cited 249 times   3 Legal Analyses
    Holding that, in balancing the scope of reasonable opposition conduct, "[t]he requirements of the job and the tolerable limits of conduct in a particular setting must be explored"

  5. Hochstadt v. Worcester Foundation, Etc.

    425 F. Supp. 318 (D. Mass. 1976)   Cited 87 times
    Holding that discharge six months after EEOC settlement and a month after an informal complaint satisfies causation requirement

  6. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,769 times   131 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

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

    42 U.S.C. § 2000e-16   Cited 5,051 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"

  8. 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 758 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  9. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 231 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]”

  10. 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"

  11. Section 1614.408 - Civil action: Equal Pay Act

    29 C.F.R. § 1614.408   Cited 113 times
    Requiring that the complainant wait at least 180 days for a decision from the agency before filing a civil action and requiring that such an action be filed within 90 days of a final decision

  12. 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"

  13. Section 1614.503 - Enforcement of final Commission decisions

    29 C.F.R. § 1614.503   Cited 64 times
    Describing civil action for enforcement of administrative award

  14. Section 1614.409 - Effect of filing a civil action

    29 C.F.R. § 1614.409   Cited 51 times
    Stating that: "Filing a civil action under § 1614.408 or § 1614.409 shall terminate Commission processing of the appeal"

  15. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 45 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  16. 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