and prosecutes allegations of prohibits personnel practices (PPP).
Under 5 U.S.C. §2302(b)(1)-(b)(12) a federal employee authorized to take, direct others to take, recommend or approve any personnel action may not:
- Discriminate (including discrimination based on marital status and political affiliation). Example: Supervisor Joe refuses to promote Employee Jane because Jane is a registered Republican; or his refusal is because she is a single mother. (OSC will generally defer Title VII discrimination allegations to the EEO process, rather than duplicating already existing procedures.)
- Solicit or consider employment recommendations based on factors
other than personal knowledge or records of job-related abilities or
characteristics. Example: Selecting Official Joe hires Applicant
Jack based on Senator Smith's recommendation that Jack be hired because
Jack is a constituent; or fails to hire Applicant Jane because of
Congressman Smiths's recommendation based on the Congressman's
friendship with Jane's parents.
- Coerce the political activity of any person, or take action against
any employee as reprisal for refusing to engage in political activity.
Example: Supervisor Jane takes away significant job duties of Employee
Jack because Jack will not make a contribution to Jane's favorite
candidate.
- Deceive or willfully obstruct any person from competing for
employment. Example: Supervisor Joe, located in Headquarters,
orders that no vacancy announcements be posted in the field office where
Employee Jack works because he does not want Jack to get a new job; or
falsely states that there will be extensive travel in the position when he
knows there there is no travel.
- Influence any person to withdrawal from competition for a position
to improve or injure the employment prospects of any other person.
Example: Supervisor Jane, in an effort to hire Employee Joe, tells
Employee Jack that he should not apply for a position because he is not
qualified and will never be selected. Employee Jack is qualified.
- Give an unauthorized preference to a person to improve or injure
the employment prospects of any particular employee or applicant.
Example: Supervisor Jane specifies that Spanish-speaking skills
are necessary for a vacant position, for the purpose of selecting Employee
Jack, who speaks fluent Spanish. The position, however, does not
require Spanish-speaking skills.
- Engage in nepotism. Example: Second-level Supervisor
Jane asks First-level Supervisor Joe to hire her son; or to promote her
daughter.
- Take a personnel action against any employee because of
Whistleblowing. Example: Supervisor Joe directs the
geographic reassignment of Employee Jack because Jack reported safety
violations to the agency's Inspector General; or because employee Jill
reported a gross waste of funds to the Office of Internal Affairs.
- Take personnel action against any employee because of the exercise
of an appeal, complaint, or grievance right. Example: Supervisor
Jane places Employee Jack on an undesirable detail because Employee Jack
filed an administrative grievance about his performance rating.
- Discriminate against an employee on the basis of conduct, which
does not adversely affect the performance of the employee. Example:
Jack's employment is terminated because he attended a "Gay Pride" march ;
or he attended a "Pro-Life" event; or he attended an animal rights rally;
or he attended a gun-owners' rights meeting.
- Take or fail to take personnel action, if such action would violate
a veterans' preference requirement. Example: Supervisor Jane
hired employee Jack, without considering Veteran Jennifer, who was
included on the list of eligible employees. (OSC's jurisdiction is
for disciplinary actions only; the Dept. of Labor has jurisdiction to
investigate for corrective actions).
- Take a personnel action against an employees which violates a law, rule, or regulation which implements a merit systems principle. Example: Supervisor Joe terminates the probationary appointment of Employee Jack because of Jack's letter to the editor criticizing affirmative action - a valid exercise of First amendment rights, a law implementing a merit system principle.
WHAT YOU CAN DO IF YOU BELIEVE A PPP HAS BEEN COMMITTED
An employee who believes a PPP has been committed can file a written complaint with the U.S. Office of Special Counsel. Complaint forms are available on the web site at www.osc.gov. Employees do not need attorneys to file a complaint. OSC is an independent and prosecutorial agency. It will investigate allegations of prohibited personnel practices, and seek any corrective and disciplinary action.
RECEIVING CONFIDENTIAL DISCLOSURES (5 U.S.C.§1213):
Current and former federal employees and applicants can confidentially report information evidencing a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, and abuse of authority, or a substantial and specific danger to public health or safety. The OSC has the authority to require the head of the agency concerned to investigate the matter if OSC determines that a disclosure has been made.
ENFORCING THE HATCH ACT (5 U.S.C. §7321-26):
The Office of Special Counsel is authorized to issue advisory opinions
that respond to federal employee questions about whether or not they may
engage in specific political activities under the Act. The OSC also
prosecutes violations of the Hatch Act before the Merit System Protection
Board. These violations include: using official authority to
interfere with an election result; soliciting; accepting or receiving
political contributions; soliciting or discouraging political activity of
persons before the employing agency; and running for public office in a
partisan political election.
- Information on filing a complaint: 202-653-7188 or 800-872-9855
- Information on making a disclosure: 202-653-9125 or 800-572-2249
- Updated and detailed information on OSC and its procedures - visit our web page: http://www.osc.gov
- Updated and detailed information on OSC in our revised brochure: "The Role of the U.S. Office of Special Counsel" (GPO #028-004-00105-9) by calling 202-512-1800 - The GPO Bookstore.
U.S. Office of Special Counsel
1730 M Street N.W., Suite 210
Washington D.C. 20036-4505
