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B-191611 1 (1978-04-19)

handle is hein.gao/gaobadfxn0001 and id is 1 raw text is: W. Haubefl DECIsicIN FILE: b-191611 MATTER OF: Lawrence Kamenetzky and Beverly Agee - Backpay DIGEST: Pursuant to court order, agency removed two employees from positions to which they hod been promoted. Subsequent court. order per- mitted agency to take whatever personnel action it deems appropriate, including rein- statement of the two employees. If agency determines that removal constituted unwarranted or unjustified personnel action, backpay may be paid. In a letter dated April 4, 1978, Mr. Abner W. Sibal, General Counsel of the Equal Employment Opportunity Commissian (EEOC), requested our decsion on the legality of a proposed personnel action to restore two EEOC employees to GS-14 trial attorney positions with backpay. In 1975, Itnald G. Cohn, an attorney in the EEOC's Atlanta Regional Office of General Counsel, suea the agency alleging dis- crimination. Cohn v. EEOC, No. C75-1085A (N.D. Ga.). The EEOC ent'red into a consent decree with the plaintiff. Thereafter, two other attorneys, Lawrence Kamenetzky and BeverlyAgee, were pro- moted uo GS-14 positions in the EEOC Atlanta RIegFonal Office. Mr. Cohn brought a contempt action, which the Dibtrict Court sustained upon a finding that the agency, in making I.ts promotion decision, had not azcorded the plaintiff the constructive experience to which he was entitled under the consent decree. The District Judge ordered the promotions of Mr. Kamenetzky and Ms. Agee vacated and the selection procedure redone in compliance with the consent decree. Mr. Kamenetzky and Ms. Agee then sought intervention, which the Court denied. They appealed the District Court's decision. While their appeal was pending, the agency removed Mr. Kamenetzky and Ms. Agee from their positions. Thereafter, the agency reported to the Court that it was unable to comply with the Court's order requiring it to redo the selection. On October 26, 1977, the District Court entered a further order placing Mr. Cohn into one of the two vacant positions. The Court's order was silent as to the second position. I , 'Lw I i I i Cv. Pers. o :. 'TE COMPTROLLER GENERAL . 2,' .op THE UNITEe aTATES WASHINGTON, 0.C. 20540 DATE: April 19, 1978

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