[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.98]
[Page 52-53]
TITLE 4--ACCOUNTS
CHAPTER I--GENERAL ACCOUNTING OFFICE
PART 28--GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD; PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT THE GENERAL ACCOUNTING OFFICE--Table of Contents
Subpart D--Special Procedures; Equal Employment Opportunity (EEO) Cases
Sec. 28.98 Individual charges in EEO cases.
(a) Except as provided in paragraph (c) of this section, a charge
alleging prohibited discrimination (as defined in Sec. 28.95) shall not
be filed with the Board's General Counsel unless the charging party has
first filed a complaint of discrimination with GAO in accordance with
GAO Order 2713.2.
(b) A charge relating to GAO's disposition of any individual EEO
complaint may be filed with the Board's General Counsel at the following
times:
(1) Within 30 days from the receipt by the charging party of a GAO
decision rejecting the complaint in whole or part;
(2) Whenever a period of more than 120 days has elapsed since the
complaint was filed, and the GAO has not issued a final decision; or
(3) Within 30 days from the receipt by the charging party of a final
GAO decision concerning the complaint of discrimination.
(c) Special rules for adverse and performance based actions. Where
an employee is affected by a removal, suspension for more than 14 days,
reduction in grade or pay, or furlough of not more than 30 days (whether
due to disciplinary, performance-based or other reasons), and the
employee wishes to allege that such action was due in whole or part to
prohibited discrimination (as defined in Sec. 28.95), the employee may
elect to do either (but not both) of the following:
(1) File a charge directly with the Board's General Counsel within
30 days of the effective date of the personnel action and raise the
issue of discrimination in the course of the proceedings before the
Board; or
(2) File a complaint of discrimination with the GAO pursuant to GAO
Order 2713.2. If the employee elects to file a complaint of
discrimination with GAO, he or she may still seek Board review of the
matter by filing a charge with the Board's General Counsel at the times
authorized in paragraph (b) of this section. Where a complaint of
discrimination filed with GAO relates to non-EEO issues that are within
the Board's jurisdiction in addition to EEO-related allegations, the
subsequent charge filed with the Board's General Counsel under paragraph
(b) of this section shall be considered a timely appeal of the non-EEO
issues. An employee will be deemed to have elected the EEO complaint
process if the employee files a timely written complaint of
discrimination with GAO before filing a charge with the Board's General
Counsel. Consultation with an EEO counselor, without filing a written
complaint of discrimination, does not constitute an election of the EEO
complaint process.
(d) Special rules for RIF based actions. An individual alleging
discrimination issues in connection with a RIF-based separation may
follow the procedures outlined above in paragraph (c) of this section
for adverse and performance based actions, or may choose instead a third
option. In accordance with the provisions of Sec. 28.13, such an
individual
[[Page 53]]
may appeal that action by filing directly with the PAB, thus bypassing
both the Civil Rights Office and the PAB's Office of General Counsel.
(e)(1) The charging party shall file the charge with the General
Counsel in accordance with Sec. 28.11. The General Counsel shall
investigate the charge in accordance with Sec. 28.12.
(2) A charging party challenging a RIF action by filing directly
with the PAB shall follow the procedures prescribed in Sec. 28.13 and
Sec. 28.18.
[58 FR 61992, Nov. 23, 1993, as amended at 59 FR 59106, Nov. 16, 1994;
61 FR 36811, July 15, 1996]