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B-199796 1 (1982-03-30)

handle is hein.gao/gaobadkeo0001 and id is 1 raw text is: S 79 / DECISION FILEi B-'.a9 MATTER OF: DIGEST Ti DATEI March 30, 1982 Gilbert Resendez and Eva Rivas - Attorney Fees - Discrimination Complaint Two employees claim attorney fees in- cident to discrimination complaints which were settled in 1979. Claims for attorney fees under Civil Rights Act of 1964, as amended, 42 U.S.C. S S 2000e-5(k) and 20OOe-16,are denied since implementing regulations, ef- fective April 11, 1980, do not apply to discrimination complaints settled before the effective date. Two employees claim attorney fees in- cident to discrimination complaints. Claims for attorney fees under Back Pay Act, 5 U.S.C. 5 5596, as amended by Civil Service Reform Act of 1978, are denied since complaints were pend- ing on effective date of Reform Act, Savings provision in section 902(b) of Reform Act precludes application of the amendment to administrative proceedings pending on effective date of Reform Act, January 11, 1979. ISSUE The issue in this decision is the entitlement of two employees to attorney fees incident to their discrimination complaints. We hold that the claims may not be paid under regulations issued by the Equal Employment Opportunity Commission implementing the Civil Rights Act of 1964, as amended, since those regulations apply only to pending and future ,omplaints. In addition, we hold that the claims may not oe paid under the authority of the Back Pay Act, a amended, in view of the savings provision in section 902(b) of the Civil Service Reform Act of 1978. BACKGROUND This decision is in employees, Mr. Gilbert M. response to appeals filed by Resendez and Ms. Eva Rivas, V., 11 aqS - . 2l/3 Y THE COMPTROLLU£IR IDUNJRAL OF THE UNSTEW STATIE WAM PING TONq oO, 20548 two from - . .. I '. r, - * to ,%- - 'f . W-6 - -- -4-ftw-v- - q I- Ofr

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