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[Redacted], Keturah F., 1 Complainant, v. Denis McDonough, Secretary, Department of Veterans Affairs, Agency.

Appeal No. 2020003989 (E.E.O.C. Mar. 5, 2021)
[Redacted], Keturah F., 1 Complainant, v. Denis McDonough, Secretary, Department of Veterans Affairs, Agency.

10 Cited authorities

  1. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,097 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  2. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,775 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  3. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,288 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 1604.11 - Sexual harassment

    29 C.F.R. § 1604.11   Cited 954 times   14 Legal Analyses
    Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

  5. Section 1614.107 - Dismissals of complaints

    29 C.F.R. § 1614.107   Cited 475 times   5 Legal Analyses
    Explaining the notice requirements for partial dismissal of claims in an EEO complaint

  6. Section 1630.14 - Medical examinations and inquiries specifically permitted

    29 C.F.R. § 1630.14   Cited 237 times   41 Legal Analyses
    Providing that medical examinations would be deemed involuntary under ADA if employee's participation has effect of greater than 30% of total cost of "self-only" health coverage, and that insurance safe harbor does not apply to wellness programs

  7. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 227 times   1 Legal Analyses
    Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

  8. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 139 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  9. 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"

  10. 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