[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]