Court Revives EEOC Judge’s Bias Claim, Ruling She Exhausted Remedies Prior to Suit

A former Equal Employment Opportunity Commission employee with multiple sclerosis and systemic lupus exhausted administrative remedies on her disability bias claim under the Rehabilitation Act even though she did not wait 180 days after filing an optional appeal of an adverse agency decision before filing suit, the U.S. Court of Appeals for the Ninth Circuit ruled July 30 (Bullock v. Berrien, 9th Cir., 10-55866, 7/30/12).

Reviving former EEOC administrative judge Mary Bullock’s suit against the commission, the Ninth Circuit said a federal district court erred by dismissing Bullock’s suit on the grounds she failed to exhaust administrative ...