Claim for Retroactive Promotion and Backpay

An employee of the Department of Housing and Urban Development (HUD) appealed a decision denying her claim for retroactive promotion and backpay based upon her successful completion of a training program. The employee also submitted a claim for a retroactive promotion and backpay based on sex discrimination and for attorney fees in connection with both claims. The claimant argued that HUD violated a firm commitment to promote her from grade GS-5 to grade GS-9 and that, therefore, she was entitled to a retroactive promotion and backpay. GAO has held that absent nondiscretionary agency regulation or policy to promote at stated intervals, an employee is not entitled to retroactive promotion. It was not shown that the promotion policy of HUD in this situation was nondiscretionary or that the claimant had a vested right to promotion upon successful completion of the training program. Concerning the employee's sex discrimination complaint, HUD found that there had been discrimination and proposed immediate promotion, which the employee accepted. Since GAO does not have the authority to investigate or decide discrimination claims in other agencies, the claim for retroactive promotion based on sex discrimination was denied. Finally, the employee submitted a claim for attorney fees in connection with her claims for retroactive promotion and backpay. Since the claimant was not found to be affected by unjustified or unwarranted personnel action, the claim for attorney fees was denied. Likewise, there was no authority for payment of attorney fees incident to settlement of her discrimination complaint. Accordingly, the previous determination was sustained and the additional claims were denied.