Judgment Fund, B-234746-O.M. March 10, 1989
Highlights
Is available to pay final settlement in discrimination suit brought by non-appropriated fund employee under 42 U.S.C. Sec. 2000e-16 where named defendants and alleged discriminatory officials are federal civilian and military officers. This is a race discrimination case arising under 42 U.S.C. The plaintiff is a former employee of the Officers' Open Mess at the Washington Navy Yard. While the plaintiff's salary was paid from non-appropriated funds. The named defendants in the action and the alleged discriminating officials are regular federal civilian or military officials. Payment of this settlement from the Judgment Fund is appropriate. Is returned for issuance of a final settlement.
B-234746-O.M. March 10, 1989
Digest The Judgement Fund, 31 U.S.C. Sec. 1304, is available to pay final settlement in discrimination suit brought by non-appropriated fund employee under 42 U.S.C. Sec. 2000e-16 where named defendants and alleged discriminatory officials are federal civilian and military officers.
To: Director, Claims - GGD
From: Senior Associate General Counsel - Henry R. Wray
Subject: Judgment Fund - Curtis Lee Inabinet v. William L. Ball, III, Civil Action No. 87-0134 (D.D.C.), B-234746-O.M.
A final settlement in the subject case, in the amount of $3,500, has been submitted for payment from the Judgment Fund pursuant to 31 U.S.C. Sec. 1304. This is a race discrimination case arising under 42 U.S.C. Sec. 2000e-16. The plaintiff is a former employee of the Officers' Open Mess at the Washington Navy Yard, a non-appropriated fund instrumentality.
While the plaintiff's salary was paid from non-appropriated funds, 42 U.S.C. Sec. 2000e-16 specifically includes employees paid from non-appropriated funds within the scope of that section. Moreover, the named defendants in the action and the alleged discriminating officials are regular federal civilian or military officials. It has been our practice in the past to pay final judgments and settlements from the Judgment Fund under these circumstances. Therefore, payment of this settlement from the Judgment Fund is appropriate.
Accordingly, your file, Z-2889450, is returned for issuance of a final settlement. Please expedite the processing of this settlement.
Attachment
APPROPRIATIONS/FINANCIAL MANAGEMENT Judgment Payments Permanent/indefinite appropriation Availability