§454 Appropriate Agencies

Summary

Complaints about alleged violations of part A of subchapter II must be handled by the Board, and the complaint is processed using rules the President or the President’s designee issues. There are three exceptions. First, claims under section 411, or claims of intimidation, reprisal, or discrimination under section 417 tied to section 411, must be handled by the Equal Employment Opportunity Commission and follow the same EEOC procedures used for executive-branch employees. Second, if a “covered employee” affected by an action appealable to the Board alleges discrimination under section 411 (or related 417 claims), the matter starts at the Board and then follows the procedures in 5 U.S.C. 7702(a)–(d) (excluding paragraph (2) of subsection (a)) and 7702(f). Third, any court review of decisions here goes to the U.S. Court of Appeals for the Federal Circuit under 28 U.S.C. 1296.