- 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 Smith'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 that there is no
travel.
- Influence any person to withdraw 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..
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- 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 an 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 a 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 a 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 employee
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.
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