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Monday, August 6, 2012

Bullock v. Berrien: Ninth Circuit Addresses Exhaustion Requirements in Federal Employee's Disability Discrimination Action

Bullock v. Berrien, --- F.3d --- (9th Cir. 7/30/12), deals with a federal employee's duty to exhaust administrative remedies before filing a civil action for disability discrimination suit under the Rehabilitation Act of 1973.  29 U.S.C. § 701 et seq.  In short, the Court held that an employee who files an optional administrative appeal after an ALJ adjudicates her case may dismiss her appeal and file in the district court, even if she does not wait the 180 days required by the regulations.

The opinion is available here

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