Earnest G.,1 Complainant, v. James N. Mattis, Secretary, Department of Defense (National Geospatial-Intelligence Agency), Agency.

12 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,509 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,165 times 96 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,380 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,186 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
U.S. Postal Service Bd. of Govs. v. Aikens
460 U.S. 711 (1983) Cited 2,419 times 5 Legal Analyses
Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,671 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,625 times 4 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,685 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 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"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
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"
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

Earnest G.,1 Complainant, v. James N. Mattis, Secretary, Department of Defense (National Geospatial-Intelligence Agency), Agency.

12 Cited authorities

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

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

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

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

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

Governing administrative hearings

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