About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-142233(WAW) 1 (1977-03-18)

handle is hein.gao/gaobadoxx0001 and id is 1 raw text is: 

                                 M O~ CULATlON


                  UNITED STATES GENERAL ACCOUNTING OFFICE
                           WASHINGTON, D.C. 20548


FFICE OF GENERAL COUNSEL

     In reply refer to                                MAR 1 8 1977
     3-142233  'AVI)




     ,knthony W. Hudson, Director
     Federal Fqual Fmployment Cpportunity
     U. S. Civil Service Commission
     Poo- 7530,
     1900 F treet, NW.
     Washington, D.C. 20415

     Dear Mr. Hudson:

         This refer to the recent discussipn in your office concerning
     the application of 5 C. F. R. Part 713(!976) to excepted service
     employeep in the legislative and judicial branches of the Federal
     Government. The view has been expressed by the Chief 4,ppeals
     officer of the Federal Imployees Appeals Authority (FF {A) that
     the remedies provided by Part 7131do not apply to such excepted
     service employee! As support for this position he cited 5 C. F. P.
     § 713. 201(b)(1)(ii);hich provides, in pertinent part, that Part 713/
     applies

        (ii) to those portions of the legislative and
        judicial branches of the Federal C-overnment
        and the government of the District of Columbia
        having positions in the competitive service and
        to the employees in those positions.  (Fmphas
        supplied.)

        The statutory provision extending coverage of Title VII of the
     Civil Rights Act of 1964 (prohibiting employment d'scrimination)
     to Federal employees is 42 U. q. C. § 200Ce-l6(a)0Fupp. II, 1P72},
     which provides that:
             All personnel actions affecting employees

        or applT]c t for employent (except With regard
        to aliens employed uts'ide the lirmits of the United
        ctates) in mility departments as defined in sec-
        tion 102 of Title 5, in executive agencie- (other
        than the General 1ccounting Cffice) as defined in

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most