Does the Board hear complaints of discrimination in connection with personnel actions?
Generally, yes, if the personnel action can be appealed. See question 5. If an employee alleges discrimination in connection with most actions that are otherwise appealable to the Board, the Board has jurisdiction over the matter. Discrimination allegations that do not involve actions within the Board’s jurisdiction may only be pursued through the employing agency and the Equal Employment Opportunity Commission (EEOC). In IRA appeals, USERRA appeals, and VEOA appeals, where the underlying personnel action is not independently appealable to the Board, the Board lacks jurisdiction to decide claims of discrimination. See 5 C.F.R. ยง 1201.3(a) for a list of actions that are independently appealable to the Board.
