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B-202521,B-202552,B-203194,B-206014 1 (1983-03-07)

handle is hein.gao/gaobadkxm0001 and id is 1 raw text is: TH C~OMPTROLLER GENERAL LA OECISION OF THE UNITEO STATES \WASHINGTON. D.C. 20548 FILE: B-206014 DATE: March 7, 1983 MATTER OF: Equal Employment Opportunity Commission-- Informal Settlements of Discrimination Complaints--Monetary Awards DIGEST: 1. In view of authority granted to EEOC under Title VII of the Civil Rights Act of 1964, as amended, GAO does not render deci- sions on the merits of, or conduct investiga- tions into, allegations of discrimination in employment in other agencies of the Govern- ment. However, in view of GAO's authority to determine the legality of expenditures of appropriated funds, GAO may determine the legality of awards agreed to by agencies in informal settlements of discrimination cases arising under Title VII. 2. Agencies have the general authority to informally settle a discrimination complaint and to award backpay with a retroactive promotion or reinstatement in an informal settlement without a specific finding of discrimination under EEOC regulations and case law. Title VII of the Civil Rights Act of 1964, as amended, and EEOC regulations issued thereunder provide authority for agencies to award backpay to employees in discrimination cases, independent of the Back Pay Act, 5 U.S.C. § 5596. Thus, backpay is authorized under Title VII without a finding of an unjustified or unwarranted personnel action and without a corresponding personnel action. 3. Informal settlements without a specific finding of discrimination are authorized by Title VII of the Civil Rights Act of 1964, as amended. In such informal settlements Federal agencies may authorize backpay awards, attorney fees, or costs without a corresponding personnel action. However, agencies are not authorized to make awards not related to backpay or make awards that exceed the maximum amount that would be / ,2o7_4

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