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B-221641 1 (1986-10-16)

handle is hein.gao/gaobadmng0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Richard H. Pajak File: B-221641 Date: October 16, 1986 DIGEST A handicapped employee who was found to have suffered discri- mination as the result of his handicap may not be awarded expenses for commuting to his permanent duty station even thoi-*h his transfer to that duty station was found to have been the result of discrimination. Neither the Civil Rights Act, as amended (42 U.S.C. 2000e-16), nor the Back Pay Act (5 U.S.C. § 5586) provides authority to reimburse travel expenses which are .ncidental to the discrimination -and are not of th6 type which would have been reimbursed but for the acts of discrimination. The expenses in this case were incurred because of the employee's decision to move his residence to a location 80 miles away from his new duty station. DECISION A handicapped employee injured in a job-related accident was forced to transfer from Auburn, Maine, to Fort Devens, Massachusetts, 160 miles away, when Army officials at the Auburn installation refused to reasonably accommodate his handicap. Incident to that transfer the employee moved his residence to a location midway between Auburn and Fort Devens. We are asked whether, upon a finding of discrimina- tion, he may be indemnified for the transportation and subsistence expenses he incurred while commuting between his residence and Fort Devens before being transferred back to Auburn.l/ We hold that there is no authority to pay these expenses recommended by the Complaints Examiner as corrective action for the discriminatory actions taken against the employee. l/ Ms. Dolores C. Symons, Director, Equal Employment Opportunity Compliance and Complaints Review Agency, Department of the Army, submitted this request for a decision.

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