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B-200283 1 (1981-04-15)

handle is hein.gao/gaobadjhm0001 and id is 1 raw text is: I 3.~ j. MATTER DIGEST: THE COMPTR7LLER cNERAL OF THE UNITED STATES WASHINGT0N 0 C 20548 DATE: April 15, 1981 OF: Payment /of Front Pay. Court Judgment against GPO As a result of an employment discrimination suit brought by certain female employees, the Govern- ment Printing Office (GPO) was ordered in a court judgment to pay the plaintiffs back pay for past economic harm and an added increment of pay above that to which they were otherwise entitled, for continuing economic harm until a certain number of plaintiffs were promoted. The so-called award of front pay in this instance amounts to damages and should be paid from the permanent indefinite appropriations provided in 31 U.S.C. § 724a. Agency appropriations are not available to pay compensation above the amount prescribed for the particular job level in question. 55 Comp. Gen. 1447 (1976) is distinguished. The Acting Public Printer has requested a decision from this Office concerning the source of payment of one element of a judg- ment against the Government Printing Office (GPO). A class action suit was initiated by certain GPO female employees, hereafter referred to as plaintiffs, under the Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d)(1) and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§§ 2000e et seg. alleging that they had sustained economic loss from GPO discriminatory employment practices. In Thompson v. Boyle, 499 F. Supp. 1147 (1979), the court found for the plaintiffs and rendered a judgment in their behalf. Among other things, the judgment awarded the plaintiffs back pay on a pro-rata basis in a lump sum, representing the difference in pay the class as a whole would have received had 50 percent of its members been promoted to the next higher position, less the pay the class as a whole actually received. In addition, the court awarded what it termed front pay, which amounts to an added increment of pay over each class member's current pay for each future pay period after the date of the judgment until such time as GPO is able to promote members of the class into a designated number of higher grades. q 3i DECISION FILE: B-200283 C>_ %

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