Entitlement to Attorney Fees

Two employees appealed a Claims Group determination denying their claims for attorney fees incurred in connection with discrimination complaints settled in 1979. Both employees claimed payment for attorney fees under the Back Pay Act of 1966, the Civil Service Reform Act of 1978, and the Civil Rights Act of 1964. GAO has previously held that Federal agencies had no authority to pay attorney fees administratively under the Civil Rights Act in the absence of specific legislation or appropriate regulations. Revised Civil Rights Act implementing regulations permit the payment of attorney fees by Federal agencies incident to the settlement of discrimination complaints effective April 11, 1980. The Civil Service Reform Act amended the Back Pay Act to provide payment of attorney fees to employees found to be affected by unjustified or unwarranted personnel actions. However, attorney fees are not payable in administrative proceedings which were pending on the effective date of the Civil Service Reform Act, January 11, 1979. Accordingly, the claims were denied.