§454 Appropriate Agencies

Summary

Names which agency handles complaints about alleged violations of part A of subchapter II and how those complaints are processed. Unless the next rules apply, the Board is the agency that handles those complaints. The complaint must follow procedures the President or the President's designee writes in regulations. If the claim is under section 411 (or an intimidation, reprisal, or discrimination claim under section 417 tied to a practice made unlawful by section 411), the Equal Employment Opportunity Commission (EEOC) is the agency and the complaint follows the same EEOC procedures used for executive-branch employees (other than a "covered employee" as defined in section 411). If a covered employee is affected by an action that an executive agency employee could appeal to the Board and alleges discrimination under section 411 (or related section 417 claims), the Board is the initial agency and the matter is handled under sections 7702(a)–(d) (except paragraph (2) of subsection (a)) and (f) of title 5. Any court review of administrative decisions under these rules goes to the United States Court of Appeals for the Federal Circuit under section 1296 of title 28.