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[Redacted], Natalie F., 1 Complainant, v. Christine Wormuth, Secretary, Department of the Army, Agency.

Appeal No. 2021004065 (E.E.O.C. Jan. 26, 2023)
[Redacted], Natalie F., 1 Complainant, v. Christine Wormuth, Secretary, Department of the Army, Agency.

13 Cited authorities

  1. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,558 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

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

    42 U.S.C. § 2000e-16   Cited 5,032 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"

  3. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,304 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 . . ."

  4. 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 755 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

  5. Section 1614.504 - Compliance with settlement agreements and final action

    29 C.F.R. § 1614.504   Cited 192 times   3 Legal Analyses
    Providing that if an employee believes an agency has failed to comply with a settlement agreement, the employee must notify the EEO Director of noncompliance and, notably, may request that the terms of the agreement be implemented or that the prior EEO complaint be reinstated for further processing from the point in time that processing ceased

  6. 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"

  7. 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

  8. 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"

  9. 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

  10. 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"

  11. Section 1614.501 - Remedies and relief

    29 C.F.R. § 1614.501   Cited 44 times   3 Legal Analyses
    Incorporating § 1920 into the regulations

  12. Section 550.805 - Back pay computations

    5 C.F.R. § 550.805   Cited 35 times
    Stating that, although "outside earnings ... undertaken to replace" the employment from which an employee has been wrongfully separated should be deducted in calculating backpay, "earnings from additional or ‘moonlight’ employment the employee may have engaged in while Federally employed (before separation) and while erroneously separated" should not be deducted

  13. 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