- 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 an event for an issue or a cause,
such as an animal rights rally.
- 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.
- Implement
or enforce a nondisclosure agreement or policy lacking notification of
whistleblower rights. EXAMPLE: A manager requires
all employees in his program to sign a non-disclosure agreement that
prohibits the employees from discussing the program in any way, and fails
to notify employees of protected channels for making disclosures.
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