Q & A Session – Denied Upgrade Request


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


Another administrative officer in my agency has far less responsibilities than I have and is a GS-11/12. I am a GS-09. We perform essentially the same functions but my responsibilities are considerably more complex and expansive. My supervisor and his supervisor submitted an upgrade request but our in-house classifier said that my position should remain a 9. What steps can I take to challenge this?


You can file a classification appeal with the Office of Personnel Management, but the standards for prevailing there are pretty tough.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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  1. I had tried to get a desk audit on my position (I was a GS-5) to get upgraded to at least a 7 tgt 9. My upper management refused, even though I was performing at that level. I answered a Merit Promotion job posting and left my organization for the other one. Now after six years of working and praying, I am a GS-11 (have been for 7 years now). Seek and apply for positions for which you qualify elsewhere. Don’t give up, and don’t allow them to hold you back & keep you down. God bless & good luck.

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