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B-237615 1 (1990-06-04)

handle is hein.gao/gaobadntc0001 and id is 1 raw text is: S~A o The Comptroller General of the United States waahateW, D.C. 2048 Decision Nina R. Mathews - Age Discrimination/Title VII Mattero f Resolution Agreement - Compensatory Damages File: B-237615 Date: June 4, 1990 DIGEST Employee may not be reimbursed for economic losses pursuant to a resolution agreement made under the Age Discrimination in Employment Act and/or Title VII of the Civil Rights Act since there is no authority for reimbursement of compensa- tory damages under either statutory authority. Further, employee may not be placed on administrative leave with pay for an extended period, and there is no authority for payment of travel and relocation expenses where the employee was transferred for retirement purposes. Erroneous overpay- ments may be subject to waiver. DECISION The issue we are presented is whether pursuant to a resolution agreement made under the Age Discrimination in Employment Act of 1967, as amended, and/or Title VII of the Civil Rights Act of 1964, as amended, a complainant may be reimbursed in the form of compensatory damages for economic losses incurred as a result of failure to relocate the complainant under an agency's spousal placement program.l/ The claim is denied since there is no authority for reim- bursement of compensatory damages under either statutory authority. BACKGROUND Ms. Nina R. Mathews was employed by the Forest Service in Klamath Falls, Oregon, as a grade GS-12 when in 1987 she applied for and was denied a position in Washington, D.C., at a grade GS-13 level. Since Ms. Mathews's husband had been transferred to Washington, D.C., in October 1987, she 1/ The decision was requested by an authorized certifying officer for the United States Department of Agriculture, Forest Service, Washington, D.C.

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