Source of Payment To Satisfy Court Judgment Against GPO

The Acting Public Printer requested a decision concerning the source of payment of one element of a judgment against the Government Printing Office (GPO). As a result of an employment discrimination suit brought by certain female employees, GPO was orderd in a court judgment to pay the plaintiffs back pay for past economic harm and an added increment of pay above that to which they were otherwise entitled for continuing economic harm until a certain number of plaintiffs were promoted. GPO has assumed that the backpay award may be paid from the permanent indefinite appropriations authorized by 31 U.S.C. 724a. However, it is uncertain as to whether the "front pay" award may be paid from this appropriation or whether it must use appropriations available within the agency. The front pay issue is further complicated because this case has been appealed, and the judgment has been stayed pending review of the lower court decision and judgment. In the judgment, the term "front pay" is used to differentiate the money award payable each pay period subsequent to the date of the decision from the the lump sum award payable to redress discriminatory practices in the past. There was no finding made that any individual plaintiff would have been promoted but for the agency's discriminatory practices. Thus, the court was not attempting to place each plaintiff in the same financial position that she would have enjoyed had she been promoted in the past. Rather, the court awarded a measure of damages for lost promotional opportunities due to past discriminatory practices. GAO held that GPO does not have authority under applicable statutes and regulations to pay the added increments to each individual plaintiff since its appropriations for salary are available only for the compensation prescribed for the particular grade level. It was concluded that the added increments of pay authorized by the judgment must be paid out of appropriations provided under 31 U.S.C. 724a.