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B-230368 1 (1989-09-01)

handle is hein.gao/gaobadnoo0001 and id is 1 raw text is: 0The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Lillian B. Crosier - Backpay Award File: B-230368 Date: September 1, 1989 DIGEST Employee who was denied a promotion because of age dis- crimination is entitled to be credited with the amount of compensatory time earned by the incumbent of the position she was denied for all periods during which she would have been ready, willing, and able to perform the duties of the position. Since the employee now is retired, she may receive overtime pay for these compensatory hours as part of her backpay award. DECISION An official of the Department of the Navy asks whether Ms. Lillian B. Crosier, who was denied a promotion because of age discrimination, may be credited with the hours of compensatory time earned by the incumbent in the position she was denied. Ms. Crosier may be credited with the total hours of compensatory time earned by the incumbent for the period in which she was ready, willing and able to perform the duties of the position. Since she retired without returning to duty, she may be paid for these hours at the rate for which she would have been paid overtime for the hours. BACKGROUND Ms. Crosier, a civilian employee of the Department of the Navy, applied for a higher graded position, Budget Officer, grade GS-12, with the Navy. Following her nonselection she filed a complaint with the Navy alleging, among other things, that she was denied the position because of discrim- ination based upon her age. The Secretary of the Navy found that she had been discriminated against on the basis of age and was therefore entitled to a retroactive promotion with backpay. Since she had retired by the time of the decision, the Navy correctly awarded her backpay for all periods that

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