U.S. Code
»
Title 5
» Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 51— CLASSIFICATION
5 U.S.C. § 5101
Purpose
It is the purpose of this chapter to provide a plan for classification of positions whereby—(1) in determining the rate of basic pay which an employee will receive—(A) the principle of equal pay for substantially equal work will be followed; and(B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and(2) individual positions will, in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by section 5102 of this title, and the various classes will be so described in published standards, as provided by section 5105 of this title, that the resulting position-classification system can be used in all phases of personnel administration.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443.)The words “and for rates of basic compensation” are omitted as inapplicable to this chapter since the provisions of former chapter 21 relating to rates of basic compensation are carried into subchapter III of chapter 53. The word “officer” is omitted as included in “employee” is defined in section 5102.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
Statutory Notes and Related SubsidiariesOccupational Series for Digital Career FieldsPub. L. 117–81, div. A, title XI, § 1118, Dec. 27, 2021, 135 Stat. 1956, provided that: “Not later than 270 days after the date of the enactment of this Act [Dec. 27, 2021], the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management.”
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53References in laws to fix pay in accordance with this chapter and subchapter III of chapter 53 of this title considered to include authority under section 5376 of this title, if applicable, but not to include any authority under section 5304 of this title or section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under section 5304 of this title, see section 529 [title I, § 101(c)(2)] of Pub. L. 101–509, set out in a References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title.
Notes of Decisions
United States v. Mitchell, 463 U.S. 206 (1983).
· cites it 4× “" 5 U. S. C. § 5101 (1)(A). Although the federal employee in Testan alleged a violation of the Act, the Court concluded that a backpay remedy was unavailable, rejecting the argument that the substantive right necessarily implies a damages remedy.”
United States v. Testan, 424 U.S. 392 (1976).
· cites it 2× “Their positions are subject to the Classification Act, 5 U. S. C. § 5101 et seq., and they are presently classified at civil service grade GS-13.”
Parker v. Burnley, 693 F. Supp. 1138 (N.D. Ga. 1988).
· cites it 6× “§ 2000e-16; the Classification Act of 1949, 5 U.S.C. § 5101 ; and the Administrative Procedure Act, 5 U.”
Edward Jarecki v. United States, 590 F.2d 670 (7th Cir. 1979).
· cites it 4× “7 Because the stated purpose of the Classification Act, 5 U.S.C. § 5101 , is to provide a system whereby employees are classified in accordance with the principle of “equal pay for substantially *677 equal work”, 8 the plaintiffs also maintain that the Civil Service Commission…”
Weslie C. Haneke v. Sec'y of Health, Educ. & Welfare, 535 F.2d 1291 (D.C. Cir. 1976).
· cites it 2× “The complaint charged that the Commission’s refusal to reclassify appellant violated 5 U.S.C. § 5101 (1970), 8 which provides: It is the purpose of this chapter to provide a plan for classification of positions whereby— (1) in determining the rate of basic pay which an employee…”
Christian v. United States, 131 Fed. Cl. 134 (Fed. Cl. 2017).
“Christian to [a] GS-14 position”); see also 5 U.S.C. § 5101 (describing the GS System).”
Richard E. Collins v. United States, 67 F.3d 284 (Fed. Cir. 1995).
“Testan, supra, was a smt for back pay for wrongful classification of government employees and was based on the Classification Act, 5 U.S.C. § 5101 , and the Back Pay Act, 5 U.”
Hisler v. Gallaudet Univ., 344 F. Supp. 2d 29 (D.D.C. 2004).
“§ 2105 (defines federal “employee” for purposes of title 5), 5 U.S.C. § 5101 (classifies positions for purposes of pay and for use “in all phases of personnel administration”), and 5 U.”
O'Farrell v. Dep't of Def., 882 F.3d 1080 (Fed. Cir. 2018).
“" However, 5 U.S.C. §§ 5101 - 5949, the subpart of Title 5 of the U.”
Milo Burroughs v. Off. of Pers. Mgmt., 764 F.2d 1300 (9th Cir. 1985).
· cites it 3× “Requests for classification changes do not challenge any individual adverse actions nor any prohibited personnel practices.”
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