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B-196019 1 (1980-04-23)

handle is hein.gao/gaobadifd0001 and id is 1 raw text is: FILE: B-196019 MATTER DIGEST: THE COMPTROLLER GENERAL OjF TH~E UNITED~ STATEB WASHINGTON, D. C. 20548 DATE: April 23, 1980 OF: Martha B. Poteat -1laim for Retroactive Promotion and Backpay 1. Employee seeks retroactive promotion after agency failed to promote her to grade GS-9 within 2 years under training program. Absent nondiscretionary agency regulation or policy to promote at stated intervals, employee is not entitled to retroactive pro- motion. See Thomas Davis, B-189673, February 23, 1978. 2. Employee filed sex discrimination complaint for agency's failure to promote her to grade GS-11. Agency found there had been discrim- ination and proposed immediate promotion which employee accepted. Since GAO does not have authority to investigate or decide discrimination claims in other agencies, claim for retroactive promotion based on sex discrimination is denied. 3. Employee seeks reimbursement of attorney fees in connection with claims for retroactive promotions to grades GS-9 and GS-11. With regard to her promotion to GS-9, claim is denied since employee was not found to be affected by unjustified or unwarranted per- sonnel action. With regard to her promotion to GS-11, we find no authority for payment of attorney fees incident to settlement of her discrimination complaint. Ms. Martha B. Poteat, an employee of the DepartmekRtof Housing and Urban Development (HUD), has appealed our Claims Division settlement of October 30, 1978, denying her claim for a retroactive promotion and backpay based upon her successful completion of a training program. Ms. Poteat has also.submit- ted claims for a retroactive promotion and backpay based on sex discrimination and for attorney fees in connection with both claims. For the reasons stated below, we sustain our Claims Division determination concerning her retroactive promotion and we deny Ms. Poteat's additional claims. 11 -2 1 4 2,---- OLD,, L 7

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