On May 12, 2022, Katherine Lenane, Director, Office of Opportunity and Inclusiveness, U.S. Government Accountability Office (the Director), submitted a request that the Board issue a Statement of Policy or Guidance regarding the interplay between GAO's discrimination complaint process under GAO Order 2713.2 and certain claims of prohibited personnel practices filed with the Personnel Appeals Board, which the Board is treating as a petition for such a statement. Specifically, the Director asked for a statement addressing whether an individual alleging discrimination can bypass GAO's Office of Opportunity and Inclusiveness and file a complaint alleging violations of 5 U.S.C. § 2302(b)(1) and/or (b)(9) directly with the Personnel Appeals Board, Office of General Counsel. The PAB is currently soliciting employees' and employee groups' opinions on this issue, specifically, as to the question of whether the requested Statement of Policy or Guidance meets the criteria that must be considered under 4 C.F.R. § 28.155(a) — (f):
(a) Whether the question presented can more appropriately be resolved by other means;
(b) Where other means are available, whether a Board statement would prevent the proliferation of cases;
(c) Whether the resolution of the question presented would have general applicability;
(d) Whether the question currently confronts the parties as part of their employee-management relationship;
(e) Whether the question is presented jointly by the parties involved; and
(f) Whether the issuance by the Board of a statement of policy or guidance would promote the purposes of the General Accounting Office Personnel Act.
Of particular importance is whether the question presented can more appropriately be resolved by other means, see 4 C.F.R. § 28.155(a), including, but not limited to, an amendment to the PAB's regulations. Any interested employee or employee group may submit comments through July 13, 2022. For more information, please contact the Clerk of the Board at firstname.lastname@example.org.
Procedures during COVID-19
The Personnel Appeals Board (PAB) and PAB Office of General Counsel (PAB/OGC) are teleworking until further notice. Please follow the procedures listed below and note that paper filing is neither being required nor accepted at this time. Any additional updates will be posted on this page.