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[Redacted], Gigi M., 1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

Appeal No. 2020003818 (E.E.O.C. Jan. 12, 2021)
[Redacted], Gigi M., 1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs (Veterans Health Administration), Agency.

6 Cited authorities

  1. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,511 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"

  2. 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"

  3. 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"

  4. 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"

  5. 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

  6. 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