Filing a Charge with the Personnel Appeals Board Office of General Counsel (PAB/OGC)

Filing a Charge with the Personnel Appeals Board Office of General Counsel (PAB/OGC)

Who May File

A GAO employee, applicant for employment, former employee, or labor organization may file a Charge with the PAB/OGC related to such allegations as discrimination, prohibited personnel practices, and unfair labor practices, and can seek informal advice about the Hatch Act and report Hatch Act violations to the PAB/OGC.

When to File

Cases involving Removals, Reductions in Grade or Pay, Suspensions for more than 14 days, or Furloughs of not more than 30 days under 4 C.F.R. §§ 4.3 and 7.6

Generally, non-probationary GAO employees who are not members of the Senior Executive Service and who are subjected to a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days may appeal these actions to the Personnel Appeals Board (PAB) by filing a Charge with the PAB/OGC.  The Charge may raise allegations, such as prohibited personnel practices, discrimination, or other claims concerning the removal, reduction in grade or pay, suspension for more than 14 days, or furlough of not more than 30 days.  For complaints of discrimination based on race, color, religion, age (40 and over), sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, genetic information, and retaliation for engaging in protected equal employment opportunity activities, such cases may be filed either directly with the PAB/OGC or with GAO’s Office of Opportunity and Inclusiveness (O&I) but not with both entities.  The Charge with the PAB/OGC must be filed within 30 days after the effective date of the action, while contact must be made with O&I within 45 days of the effective date of the action.  An individual will be deemed to have elected the O&I process if the person files a timely complaint of discrimination with O&I before filing a Charge with the PAB/OGC alleging discrimination.  (Note: Consultation with an O&I counselor, without filing a written complaint of discrimination, does not constitute an election of the O&I complaint process.)  Information about the O&I complaint process, including applicable filing deadlines, is available in GAO Order 2713.2, Discrimination Complaint Resolution Process (December 14, 2022). 

Prohibited Personnel Practices Allegations

Current or former GAO employees or applicants for employment with GAO who believe that they have been subjected to a prohibited personnel practice may file a Charge with the PAB/OGC.  In cases where the challenged action does not involve a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days, the Charge must usually be filed within 30 days from the date the individual knew or should have known that a prohibited personnel practice was committed.  Please see the previous section above for the filing deadline for cases involving a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days.

Discrimination Allegations

Typically, complaints of discrimination based on race, color, religion, age (40 and over), sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, and genetic information that do not involve a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days must first be filed with O&I before filing a Charge with the PAB/OGC.  GAO Order 2713.2, Discrimination Complaint Resolution Process (December 14, 2022), has information about the O&I complaint process, including applicable deadlines.  Thereafter, a Charge may be filed with the PAB/OGC at the following times:

• Within 30 days from the date of receipt of notice that O&I dismissed all or part of the formal complaint of discrimination;
• After more than 120 days have elapsed since the formal complaint of discrimination was filed with O&I and O&I has not issued a final decision; or
• Within 30 days from the date of receipt of the final O&I decision on the formal complaint of discrimination.

Individuals who believe they have been subjected to retaliation on the basis of their protected equal employment activities and want to file a Charge with the PAB/OGC should contact the PAB/OGC for additional information regarding filing procedures.

Allegations of discrimination that involve a removal, a reduction in grade or pay, a suspension for more than 14 days, or a furlough of not more than 30 days can either be filed directly with the PAB/OGC or with O&I as stated in the section above dealing with these types of personnel actions. 

Discrimination based on marital status or political affiliation are prohibited personnel practices and such claims are filed directly with the PAB/OGC.  

Note: Claims of discrimination under the Age Discrimination in Employment Act are not required to be filed with O&I prior to filing a complaint with an appropriate United States District Court, but the party must first give GAO at least 30 days’ notice of the intent to file such action.

Unfair Labor Practice Allegations

A GAO employee, labor organization, or GAO may file a Charge alleging an unfair labor practice.  Under 4 C.F.R. § 28.121(c), an unfair labor practice Charge must first be filed directly with the party against whom the unfair labor practice is alleged within 6 months of the occurrence of the alleged unfair labor practice.  However, the charging party may go directly to the PAB in cases dealing with picketing that interferes with GAO’s operations, a strike, work stoppage, or slowdown, or if the charged party condoned such activities.  See GAO Order 2711.1, Labor-Management Relations, Chapter 5 (August 14, 2013).  

If the Charge has not been resolved within 30 days of its submission to the charged party, or if it is alleged that a labor organization has engaged in picketing that interferes with GAO’s operations, a strike, a work stoppage, or a slowdown, the charging party may file a Charge with the PAB/OGC.  The unfair labor practice Charge must be filed with the PAB/OGC within 9 months of the alleged unfair labor practice.

Hatch Act Allegations        

GAO employees, former employees, applicants for employment, or a labor organization can seek informal advice about the political activity restrictions of the Hatch Act and provide reports of suspected Hatch Act violations at the time they have questions or are aware of potential violations.

Note: Employees covered by the collective bargaining agreement between GAO and the GAO Employees Organization, IFPTE Local 1921, may have additional rights and remedies under the negotiated grievance procedures than those discussed above.  Questions regarding an employee’s rights and remedies under the collective bargaining agreement should be directed to the GAO Employees Organization.

How to File

Because of the COVID-19 pandemic, you can submit your Charge to the PAB/OGC via the following email address: PABOGC@gao.gov. 

A Charge may also be filed in person or by mail using the address below:

PAB Office of General Counsel
U.S. Government Accountability Office
441 G Street, N.W.
Room 1562
Washington, D.C. 20548

(202) 512-7507

You can report Hatch Act violations or ask questions via PABOGC@gao.gov or using the mailing address above.  You can also contact a member of the PAB/OGC’s staff by using the “Contact Us” tab on the PAB’s website. 

What to File

A written Charge must be filed with the PAB/OGC.  A Charge may be submitted in any written form (letter, memorandum, etc.).  However, to ensure that the Charge contains sufficient information, we strongly suggest that Charges be filed using the PAB/OGC Form.  You may obtain this form by clicking on the link or by contacting the PAB/OGC using the “Contact Us” tab on the PAB’s website.

For further information on procedures after a Charge is filed with the PAB/OGC, see What Happens after a Charge is Filed?