Prohibited Personnel Practices Overview

This PPP wraps together a number of different laws that prohibit discrimination.​

For discrimination claims regarding race, color, religion, sex, national origin, age, or disability (or handicapping condition): Please note that while OSC is authorized to investigate allegations of discrimination on these bases, there are Equal Employment Opportunity (EEO) procedures for investigating such complaints already established in agencies and the Equal Employment Opportunity Commission (EEOC). Therefore, to avoid duplicating those investigative processes, OSC generally defers complaints involving discrimination on these bases to the EEO process.

For discrimination claims regarding marital status and political affiliation: OSC accepts complaints of discrimination on these bases. Since these kinds of discrimination are not within the jurisdiction of the EEO process, we do not defer them to any other complaint pro​cesses.

Example: A supervisor discovers that a subordinate is a member of the Green Party. Shortly thereafter, the supervisor begins to take actions against the employee, including, for examp​le, lowering the employee’s performance appraisal rating for that particular period. To learn more, click here.

This PPP prohibits requesting or considering recommendations about an employee or applicant unless the recommendation is based on the personal knowledge of the employee or records of the person providing it. Put another way, this means that a recommendation to hire or promote someone in the federal workplace must be ignored unless the person making the recommendation has actual knowledge of the person’s abilities as they would apply to the position in question. Courts have ruled that the legislative intent of this PPP was to prevent the use of political influence to obtain a position or promotion. Thus, a person alleging this PPP must show that political influence was a factor in the recommendation at issue in their complaint.

Example: A ​member of Congress contacts a federal official who is hiring an applicant and recommends that the official hire a constituent. That Congressman does not have personal knowledge of the constituent’s work performance or character. If the official acts upon that recommendation, the personnel action would fall within this prohibition. On the other hand, recommendations from colleagues or from other supervisors at the agency would not fall within this prohibition, unless there is an element of political interference. Likewise, a member of Congress may recommend someone for an open position, as long as the member has personal knowledge of the candidate's qualifica​​tions.​ 

This PPP is in p​​​lace to help keep partisan politics out of the federal workplace. An employee cannot be pressured into political activity by a superior. This section also prohibits retaliation against an employee for refusing to engage in political activity. Allegations of this kind should be filed with OSC's Hatch Act Unit by clicking here​.

​Example: A subordinate employee declines to donate money to a candidate his supervisor fervently supports. After learning of this, the supervisor begins to deny that employee some privileges of employment. For instance, the supervisor removes the employee's teleworking conditions and denies him requested training.​

This PPP prohibits an agency official from willfully obstructing a person’s right to compete for a job. Note that a simple failure to select an applicant, without more, is not a violation of this section.

Example: A supervisor falsely rates a subordinate employee who is competing for a promotion as unsatisfactory because the supervisor knows that only employees rated satisfactory and above can obtain the promotion. To learn more, click here.​​

This PPP means that an agency o​fficial cannot try to persuade an applicant to withdraw his or her name from consideration for a job. For a violation to occur, this influence or persuasion has to have happened in order to help or hurt another person's employment prospects. However, the applicant does not have to actually withdraw from competition in order for the action to be a violation. This section does not bar an agency official from counseling an applicant to withdraw from competition for legitimate reasons, for example, because the applicant is not highly qualified or a b​​etter position is available.

Example: A veteran is at the top of the list for hiring, which means that he is blocking other candidates from being selected for this particular position. The selecting official, hoping to hire another applicant lower on the list, encourages the veteran to apply for another vacancy instead. This would be an example of influencing a withdrawal from competition, and could also be a violation of a veterans’ preference requirements under 5 U.S.C. § 2302((b)(11)). To learn more, click here.​​

Hiring Violations Video

This PPP, which can be complex, prohibits agency officials from providing a wrongful advantage to an applicant in order to help or hurt another person’s ch​ance of obtaining the job. Note that pre-selection requires evidence that the hiring process was manipulated with the intent of improving or injuring a particular person's chances of selection.

Example: A selecting official hopes to hire an attorney he has known for many years into an investigator position. When the announcement is issued for the investigator position, the attorney does not qualify for the position. The selecting official then has the announcement rewritten to include legal requirements, such as legal analysis and litigation, even though this is not necessary for an investigator position. Ultimately the attorney is hired for the investigator position. To learn more, click here.​​

Hiring Violations Video​​

In this section "relative" is defined by law as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.

This PPP simply states that federal government employees cannot hire or promote their relatives, or even push for their relatives to get jobs or promotions. Note that nepotism go​es beyond hiring; it also has to do with the benefits and advantages of employment. Thus for example, completing a relative's annual performance rating or advocating for a relative to be given easier duties would also be prohibited under this section. Please note, however, that it is not prohibited to have two relatives work for the same agency if they are not in the same chain of command. It is also acceptable to have two relatives work in the same chain of command, as long as the official with personnel authority is not involved in any personnel action affecting the relative.

​Example: An official is in the chain of command of his spouse. He directs his employee, who directly supervises the spouse, to give the spouse a bonus.​ 

​An agency official shall not discriminate due to conduct that does not adversely affect job performance. 5 U.S.C. § 2302(b)(10)

This PPP prohibits agency officials from penalizing their employees for conduct that has no adverse impact on their job performance or on the ability of others to perform their jobs. This includes sexual orientation and gender identity discrimination. Management may, however, take action based on an employee’s conduct, even if it occurred off-duty, if it affects job performance.

Example: A supervisor discovers that one of her subordinate employees is gay. Following the supervisor’s discovery, the gay employee is targeted for disparate treatment. For instance, the employee’s time and attendance is scrutinized daily and the employee is forced to take leave for as little as three minute absences, while other employees’ similar absences are ignored. The supervisor also changes the targeted employee’s schedule to night shift work and openly disparages the employee at staff meetings. To learn more, click here.

Discrimination Video​​

This PPP ensures that the veterans’ preferences for federal government jobs are honored. Though OSC plays a role in enforcing these protecti​ons, we are not the proper venue for filing veterans' preference complaints. Allegations of this kind should be filed with th​e Veterans Emp​loym​ent and Training Service (VETS) at the Department of Labor (DOL) by clicking here. Please note that you must file your complaint with VETS within 60 days of the alleged violation.

Example: A veterans’ preference requirement may place a veteran at the top of a list of eligible candidates for a job. If a supervisor fails to observe a veterans’ preference requirement, such as not appropriately ranking a veteran in accordance with his military service, that could be an example of a veterans’ preference violation.​​

Sometime referred to as the “catch-all” prohibition, this PPP prohibits agency officials from taking, or failing to take, a personnel action that violates any other civil service law, rule, or regulation that was designed to uphold the merit system principles.

There are numerous laws, rules, and regulations governing various aspects of federal employment, including details, reassignments, performance evaluations, promotions, transfers, etc. Title 5 of the United States Code and Title 5 of the Code of Federal Regulations contain most of the laws and regulations. The number and types of laws and rules which might apply to a personnel action are diverse, and this PPP could apply to personnel actions that are taken outside legally required time frames, but it also includes actions taken against employees in violation of their Constitutional rights, or right to contact members of Congress.

Ex​ample: In his personal capacity, an employee writes a letter to the editor regarding an issue of public interest​. Management takes an action against that employee, arguing that the employee should not be airing his grievances to the media. To learn more, click here.

Merit System Principles Video

​​An agency official shall not access the medical record of another employee or applicant in furtherance of any conduct pro​​scribed by the 13 other PPPs. ​5 U.S.C. § 2302(b)(14)

This PPP, which was added as part of the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017, prohibits employees from accessing the medical record of another employee or applicant in combination with any other PPP. This scenario may arise more frequently with respect to PPP claims of whistleblower retaliation.

Example: A supervisor discovers a subordinate employee has disclosed to the media that the supervisor often falsifies safety records. Following the supervisor’s discovery, the supervisor strips the employee of meaningful duties and reassigns the employee to the basement of the building. The supervisor also accesses the employee’s medical records to gather informati​on that supports the misconduct allegations the supervisor intends to make against the employee. The supervisor has committed this PPP even if the supervisor does not find any relevant information.  To learn more, click here.​

Example: An employee is acknowledged as the leading candidate for promotion in an upcoming merit competition. One manager, however, favors a different candidate for non-merit reasons. In order to promote this candidate over the employee, the manager accesses the employee’s medical records in a search for medical information that might argue against the employee’s selection in the competition. Regardless of what the manager discovers, he has committed this PPP because he has accessed medical information in an effort to grant unauthorized preference to another candidate.​​