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B-185239 1 (1976-10-08)

handle is hein.gao/gaobaddxh0001 and id is 1 raw text is: THESCOMPTROL;EJR GENERAL DECISION UF THE UNr'NO STATES WASHINGTON. D.C. 205 48 FILE: H-185239 MATTER OF: DIGEST: DATE:CT 116 District or Columbia - Settlement of Eiual Vmploymnt Opportunity Complaints uder the Back Pay Act The Mayor of the District of Columbia asks whether the Back Pay Act, 5 U.S.C. I 5596, provides authority to informally settle Equal Employment Opportunity complaints and avard backpay to complainants without a finding of discriunation. Although a specific finding of discrimination need not be made, thee must be a finding of an unjustift-ad or unwarranted personnel action that resulcet in tho reduction or 'fithdrawal of pay, allcrdances, nr differetialo of an employee in order to satisfy the requirements of the Back Pay Act. This action involves a request dated October 2A, 1975, by the honorable Walter E. Washington, Mayor of the District of Columbia, for a decision as to whether the District of Columbia gavernment, under auth 'v of the Back Pay Act of 1966, 3 U.S.C. 1 5596 C1970), may pay %o'mt agreed upon in eattlement cf an equal employment opportu.....&y complaint, notvithstanding the fact that no finding of discr-'mination has been mAde. Enclocod with thn requests are two settlament agreements for our review, whici, are: (1) In the matter of Richard Wilimson and Department of nvironmental Service. (Docket N4. 1646-D.C.), hereinafter referred to as the Williamson compl'int; and, (2) In the matter cf Brenda C. Barnett and Department of Environmental bervices (Docket Nlo. 5-DC-077), hereinafter referred to as the Barnett complaint. The Williamson complaint settlement provides among other things for the reinstatement of the employee in his former UG-4, Water Pollution Plant Control (perator (trainee) position as of January 22, 1975. and backpay for an approximately 2-year period of separation prior to that date. The Barnett compiaint settlement provides among other things for promotion of the employee to GS-6, step 6, on May 25, 1975, retroactively effective as of June 24, 1974, with backpay for the retrtctive period. F r I I- i

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