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B-217501 1 (1986-03-12)

handle is hein.gao/gaobadmfh0001 and id is 1 raw text is: OUOISI FILE: MATTER C DIGEST: TECOMPTROLLER GENERAL ON oF THE UNITEO STATES WASHINGTON. 0. C. 20548 B-217501 DATE: March 12, 1986 3F: Mary Ellen Casco An employee received a quality step increase in her GS-5 position subsequent to actions denying her a promotion to GS-6 for which she success- fully brought a discrimination complaint. In determining her backpay entitlement incident to retroactive promotion to GS-6, the quality step increase she earned in the lower grade position may not be treated as if it had been awarded in the higher grade position to which she was retroactively promoted. We have been asked to determine the effect of a qual- ity step increase on the pay of an employee who received a retroactive promotion pursuant to a discrimination com- plaint effective prior to the date she received a quality step increase in her lower grade position. Since the qual- ity step increase could not have been awarded if she had been promoted as of the date the discriminatory action took place, it may not be considered in establishing her rate of pay in the higher grade position. Amounts she received in the lower grade position as a result of the quality step increase are to be set off against the salary of the higher grade position in determining the amount of her backpay award. Ms. Mary Ellen Casco, while a secretary, grade GS-5, step 7, in the Denver Regional Office, Office of Fair Hous- ing and Equal Opportunity, Department of Housing and Urban Development, received a quality step increase to step 8 of grade GS-5, effective April 5, 1983. This quality step increase was predicated upon work she performed after January 24, 1982, in the secretarial position. However, at the time she received the quality step increase, Ms. Casco had filed an equal employment opportunity complaint con- cerning the selection of another employee to fill a loan management technician position at grade GS-6. On Septem- ber 18, 1984, the complaint was decided in Ms. Casco's favor resulting in her promotion to the grade CS-6 position and entitlement to backpay for that grade effective Feb- ruary 6, 1983, the date of the original selection for the loan management technician position. _: / 46

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