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[Redacted], Belkis D., 1 Complainant, v. Thomas W. Harker, Acting Secretary, Department of the Navy, Agency.

Appeal No. 2021000093 (E.E.O.C. Mar. 2, 2021)
[Redacted], Belkis D., 1 Complainant, v. Thomas W. Harker, Acting Secretary, Department of the Navy, Agency.

7 Cited authorities

  1. 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 . . ."

  2. 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

  3. Section 1614.302 - Mixed case complaints

    29 C.F.R. § 1614.302   Cited 402 times   2 Legal Analyses
    Recognizing that once a formal appeal or complaint is filed in either forum, it "shall be considered an election to proceed in that forum"

  4. 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"

  5. 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"

  6. 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

  7. Section 1614.303 - Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints

    29 C.F.R. § 1614.303   Cited 33 times

    (a)Who may file. Individuals who have received a final decision from the MSPB on a mixed case appeal or on the appeal of a final decision on a mixed case complaint under 5 CFR part 1201 , subpart E and 5 U.S.C. 7702 may petition EEOC to consider that decision. The EEOC will not accept appeals from MSPB dismissals without prejudice. (b)Method of filing. Filing shall be made by certified mail, return receipt requested, to the Office of Federal Operations, Equal Employment Opportunity Commission, P