the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board's appellate procedures under section 7701 of this title and this section.
the agency shall resolve such matter within 120 days. The decision of the agency in any such matter shall be a judicially reviewable action unless the employee appeals the matter to the Board under paragraph (1) of this subsection.
If the Board takes the action provided under paragraph (1), the decision of the Board shall be a judicially reviewable action.
The chairman of the special panel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.
an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), or section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
5 U.S.C. § 7702
EDITORIAL NOTES
REFERENCES IN TEXTThe General Schedule, referred to in subsec. (d)(6)(B), is set out under section 5332 of this title.
AMENDMENTS1979-Subsec. (a)(1)(A). Pub. L. 96-54, §2(a)(46)(A), substituted "affected" for "effected".Subsec. (a)(1)(B)(i). Pub. L. 96-54, §2(a)(46)(B), substituted "2000e-16" for "2000e-16c". Subsec. (e)(1). Pub. L. 96-54, §2(a)(46)(C), (D), substituted "of this section" for "of this title" in subpar. (C), and "216(b)" for "216(d)" in provision following subpar. (C).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) of Pub. L. 96-54 set out as a note under section 305 of this title.
EFFECTIVE DATESection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454 set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
- Member
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.