DOUGLAS FACTORS

The Douglas Factors are a series of 12 factors that federal agencies must consider when determining the nature and severity of a penalty for a disciplinary or conduct-related action. It is based on a list of 12 factors put forth by MSPB in a landmark1981 case, Douglas vs. The Veterans Administration.

Agencies must weigh and apply these factors when determining an appropriate remedy or penalty for a conduct-related action.

The 12 factors are basically the following:

1. Nature and seriousness of the offense

2. Employee's job level and type of employment

3. Past disciplinary record

4. Past work record

5. Effect of employee's ability to perform and supervisory confidence in the employee

6. Consistency of the penalty with others

7. Consistency of the penalty with agency's table of penalties

8. Notoriety of the offense or impact on reputation of agency

9. Clarity with which employee was on notice of the rule violated

10. Potential for rehabilitation

11. Mitigating circumstances

12. Possibility for alternative sanctions