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B-186556 1 (1976-07-27)

handle is hein.gao/gaobaddmd0001 and id is 1 raw text is: 1. THE CoMPTROLLaxR GENERAL A DECISIDN . .7 . OF THE UNITED STATES WASHINGTON, D.C. 20548 - NITf FILE: - DATE: JUL 27 1976 MATTER OF: 0 Elizabeth McLaughlin - Claim for retroactive DIGEST: promotion and backpay 1. Employee, classified as grade GS-8, alleges that she performed grade GS-9 duties and was wrongfully denied promotion for 7 years. Claim for retroactive pay is denied since employees are entitled only to salary of position they hold regardless of the duties they perform. 2, Employee, classified as grade GS-9, alleges she was wrongfully denied promotion to grade GS-10 because of sex discrimination. Claim for retro- active pay is denied since there has been no determination that employee suffered unwarranted or unjustified personnel action under Back Pay Act because of discrimination. Employee apparently failed to file formal com- plaint of discrimination with employ- ing agency or Civil Service. This action is a request for reconsideration of the denial on October 8, 1975, by our Transportation and Claims Division (now Claims Division) of the claim of Ms. Elizabeth H. McLaughlin for backpay believed due as an employee of the Veterans Administration (VA). Briefly stated, the facts are that Ms. McLaughlin was promoted to grade GS-9 on October 13, 1074, as a result of a reclassification of her position as a physical therapist from grade G3-8. It is now her contention that she was discriminated against in the promotion of another therapist who was hired in 1969 at the grade GS-9 level, and is entitled to have her promotion retroactively effective to the date of the original employment of the additional physical therapist and to be retroactively promoted to grade GS-10, effective the date of the other therapist's promotion to grade GS-9. - Her claim was denied on the grounds that the granting of promotions is a discretionary matter

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