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B-213604 1 (1984-05-15)

handle is hein.gao/gaobadlrs0001 and id is 1 raw text is: THE COMPTROLLER SNENAL ECISION . OP THE UNITED STATES WASHINQTON. 0. C. 20548 FILE: B-213604 DATE: May 15, 1984 MATTER OF: Francis J. Pinkney, III - Backpay Computa- tation - Discrimination - Annual and Sick Leave DIGEST: A U.S. District Court found that an employee had been removed from his position with the Defense Mapping Agency (DMA) in violation of the Equal Employment Opportun- ity Act of 1972. The court ordered the DMA to reinstate the employee with backpay. We hold that the employee is entitled to restoration of the annual leave and the sick leave he would have earned during the period of his discriminatory separation as an element of backpay. R. W. Paquette, Accounting and Finance Officer for the Defense Mapping Agency (DMA), requests an advance decision as to whether sick and annual leave, which an employee would have earned during the period of his discriminatory separation, may be restored as an element of backpay which was awarded by a U.S. District Court. We hold that the employee is entitled to the sick and annual leave which he would have earned during the period of wrongful separation. Such restoration would achieve the make-whole purposes of the Equal Employment Opportun- ity Act. In addition, such restoration is consistent with the regulations implementing the Act as set forth in 29 C.F.R. S 1613.271 (1983). FACTS On March 30, 1983, the United States District Court for the District of Columbia found-that Mr. Francis J. Pinkney, III, had been removed from his position with the Defense Mapping Agency in violation of Title VII of the Civil Rights Act of 1984, as amended by the Equal Employ- ment Opportunity Act of 1972. The court concluded that the DMA unlawfully discriminated and retaliated against Mr. Pinkney because of his race. Pinkney v. Weinberger, Civil Action No. 81-1150 (March 30, 1983). The court ordered that Mr. Pinkney be reinstated with backpay

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