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B-191921 1 (1978-10-04)

handle is hein.gao/gaobadglp0001 and id is 1 raw text is: DECIUIC3N FILE: B-19192,% 1 THLZOMPTRCLLER GENERAL 2 .a THE uNIT-oTH arfms 2 4 WAUHIN12TON, 0.C. 2054 0 DATE: dtabr I, 1978 MATTER OF: Gene A. Albarado - Interest on Backpay Arising Out of DiscriminatJon Complaint DIGEST- Pursuant to 5 C.F.R. 713.217, Securities and Exchange Commission adjusted employee's complaint of' discrimination by agreement to authorize retroactive prootion and accompanying b*ikpay plus fAtereat. Tht SEC has no authority to allow payment of interest. It is well-settled rule of law'that'interest may be naensed against Government only under an express statutory authority and neithar Equal Emoloyment Opportunity Act of 1972 nor the incorporated provisions of title VII providC express 3uthorization of interest ajainst Governmnt. See Cowp. Gen. dacs, and court cases cited. This. action is in response to a request dated May 5, 1978, from Mr. Lawrenie H;. Kaynes, Comptroller of the Securities and Exchange Commisaion (Comission) for a decision as to whether the Commission may authorize the paymetit of interest to Mr. Gene A. Albarado, an employee of the Commission, in connection with an award of backpay. The record show6 that on Apr!l 6i 1977, Mr. A1'rado filed an Equal Employment Opportunity complaint alleging that the Comission had engaged in discrimination againat him. On April'8, 1978, Mr. Albarado and the Commiwtion agreed uponan adjustment of Mr. 'Albara6oa's discrimination complaint pursuant to'5 C.FAI. 713.217 and a memoraidum was signed setting forth the terms of the informal? settlement bf the complaint. The terms of the adjustment\provided that Mr. Albarrio 'would be granted a retroac.ive promotion and accompanysgbatkpay forthe periodl September 26, 1976, to April 10, 1977. In a memorandum dhtedAbril 18, 1978, the terms of informal adjustmbnt of Mr.' Alirado's complaint were amended to include the paymenttof inteibst on the backpay award, provIded that the Cneral Accoukting 0:fice determines that the payment of Such interest is proper. The Equal Employment Opportunity Act of 1972, Public Law 92-261, 86 Stat. 111, amended title VII of tht Civil K I,. At F. I, I I

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