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Brenton O.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

2019000077 (E.E.O.C. Jul. 24, 2019)
Brenton O.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.

9 Cited authorities

  1. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,867 times   132 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  2. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,317 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 . . ."

  3. Section 4313 - Reemployment positions

    38 U.S.C. § 4313   Cited 127 times   6 Legal Analyses
    Stating that a servicemember whose period in service exceeds 90 days is entitled to reemployment “in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or a position of like seniority, status and pay, the duties of which the person is qualified to perform”

  4. 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"

  5. 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"

  6. 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"

  7. 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

  8. Section 1002.198 - What efforts must the employer make to help the employee become qualified for the reemployment position?

    20 C.F.R. § 1002.198   Cited 11 times
    Providing that “[t]he employer's judgment” is relevant in determining the essential tasks of a position

  9. Section 1002.225 - Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or aggravated during, the period of service?

    20 C.F.R. § 1002.225   Cited 4 times
    Requiring "the nearest approximation to the equivalent position, consistent with the circumstances of the employee's case, in terms of seniority, status, and pay" where the service member is disabled