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Betty Smith, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.

0120092646 (E.E.O.C. Apr. 11, 2012)
Betty Smith, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.

8 Cited authorities

  1. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,683 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

  2. Pullman-Standard v. Swint

    456 U.S. 273 (1982)   Cited 1,626 times   4 Legal Analyses
    Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

  3. 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

  4. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,673 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  5. 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"

  6. 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 . . ."

  7. Section 1614.110 - Final action by agencies

    29 C.F.R. § 1614.110   Cited 230 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 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC