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B-142233(WAW) 1 (1977-03-18)

handle is hein.gao/gaobadoxx0001 and id is 1 raw text is: M O~ CULATlON UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 FFICE OF GENERAL COUNSEL In reply refer to MAR 1 8 1977 3-142233 'AVI) ,knthony W. Hudson, Director Federal Fqual Fmployment Cpportunity U. S. Civil Service Commission Poo- 7530, 1900 F treet, NW. Washington, D.C. 20415 Dear Mr. Hudson: This refer to the recent discussipn in your office concerning the application of 5 C. F. R. Part 713(!976) to excepted service employeep in the legislative and judicial branches of the Federal Government. The view has been expressed by the Chief 4,ppeals officer of the Federal Imployees Appeals Authority (FF {A) that the remedies provided by Part 7131do not apply to such excepted service employee! As support for this position he cited 5 C. F. P. § 713. 201(b)(1)(ii);hich provides, in pertinent part, that Part 713/ applies (ii) to those portions of the legislative and judicial branches of the Federal C-overnment and the government of the District of Columbia having positions in the competitive service and to the employees in those positions. (Fmphas supplied.) The statutory provision extending coverage of Title VII of the Civil Rights Act of 1964 (prohibiting employment d'scrimination) to Federal employees is 42 U. q. C. § 200Ce-l6(a)0Fupp. II, 1P72}, which provides that: All personnel actions affecting employees or applT]c t for employent (except With regard to aliens employed uts'ide the lirmits of the United ctates) in mility departments as defined in sec- tion 102 of Title 5, in executive agencie- (other than the General 1ccounting Cffice) as defined in