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B-197102 1 (1981-01-14)

handle is hein.gao/gaobacutn0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL January 14, 1981 In reply refer to: B-197102 Henry F. Naftaly 10709 Sharp Avenue - San Fernando, California 91345 Dear Mr. Naftaly: This is in further reference to your letter of November 21, 1979, appealing from the General Accounting Office, Claims Division's determination denying your laim for retroactive promotion with backpay. Your claim is based on the General Services Administration's failure to promote you to a Federal Protective Officer position as the result of a physical examination which you state was discriminatory. In addition, you stated that you were discriminated against because of a physical handicap. The Claims Division advised ou by letter dated March 20, 1979, that the Veterans Preference Act:, requirement that physical requirements be waived for a preference eligible does not apply to promotion actions. By letter dated August 13, 1979, you were further advised that this Office does not have jurisdiction to entertain complaints of discrimination by employees of other agencies. Having carefully reviewed your letter of November 21, 1979, we find that it essentially reiterates your claim of discrimination. The General Accounting Office does not pass upon matters of discrimination and it does not review questions of qualifications for promotion or appointment. These are matters for the employing agency and the Office of Personnel Management. For this reason 4',46 -Co o / 7

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