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B-208220 1 (1983-04-22)

handle is hein.gao/gaobadlav0001 and id is 1 raw text is: S VIl THE COMPTROLLER GENERAL OECISION . .. OF THE UNITED STATES GoSHINGTON. 0.0. 20548 FILE: B-208220 DATE: April 22, 1983 MATTER OF: Ladorn Creighton - Back Pay DIGEST: 1. A grade GS-12 employee who was discriminatorily denied a promo- tion to grade GS-13 was awarded a retroactive promotion with back- pay under 42U-S2 OOOC-T6(b) (1976 &-Supp. III 1979). Under regulations implementing section 2000e-16(b), set forth in 29- C-.F.R, S 1613.271(b)(1) (1982), backpay must be computed in the same manner as if awarded pur- suant to the Back Pay Act, as amended, 5 U.S.C. S 5596 (1976 & Supp. IV 1980), and its imple- menting regulations set forth in 5 C.F.R. S 550.805 (1982). The standards for computing backpay must be applied in light of the make-whole purposes of 42 U.S.C. S 2000e-16(b). 2. A grade GS-12 employee who was discriminatorily denied a promotion to grade GS-13 was awarded a retroactive promotion with backpay under 42 U.S.C. S 2000e-16(b) (1976 & Supp. III 1979). A cash award was granted to the employee under the Employ- ee Incentive Awards Act during the period of the discriminatory personnel action. We hold that the award should not be offset against backpay since such an offset would contravene the make-whole purposes of 42 U.S.C. S 2000e-16(b). Moreover, once the cash award was duly granted in accordance with the awards statute and regulations, the employee acquired a vested right to the amount awarded. I t I V_

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