![]() The complainant should also receive all applicable benefits and step or pay increases. ![]() In cases involving a discriminatory termination, the agency should offer to reinstate the complainant to his/her former position retroactive to the date of the termination. Any back pay liability shall cease to accrue with either the actual placement of the complainant into the position in question, or with the date the offer was declined. Failure to respond within the 15-day time limit shall be construed as a declination. ![]() When the relief ordered includes the offer of a position or a promotion, the offer shall be made to the complainant in writing, providing the complainant fifteen (15) days from receipt of the offer to notify the agency of the acceptance or rejection. A "substantially equivalent position" is a position within the same commuting area. The individual should receive all step or pay increases and monetary benefits associated with the position. The offer should be made retroactive to the date of the selection in question. For cases in which the employee is not selected for a position or promotion due to discrimination, this would include an offer of placement into the position sought, or a substantially equivalent position. When an agency or the Commission finds that an employee of the agency was discriminated against, the agency shall provide the individual with non-discriminatory placement into the position s/he would have occupied absent the discrimination.
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