OSC Obtains Discipline of Two Senior Government Employees Involved in Unlawful Hiring Practices

December 23, 2024

Government officials cannot avoid consequences by transferring to a different agency.

Government officials cannot avoid consequences by transferring to a different agency

The U.S. Office of Special Counsel (OSC) today announced settlement agreements reached with two different federal agencies providing for the discipline of senior executive employees for conduct involving unlawful hiring preferences.

Both settlements are for violations that occurred while the employees worked for a component of the U.S. Department of Health & Human Services (HHS). The settlements include respective 30- and 36-day unpaid suspensions from federal service in addition to a retroactive reduction in pay.

OSC's investigation revealed evidence that the two senior executives who worked in the agency's Office of Human Resources afforded illegal preferences and advantages to multiple job applicants, in violation of 5 U.S.C. § 2302(b)(6). These violations included pressuring subordinates within HR to improperly select unqualified candidates for multiple positions.

During OSC's investigation, one of the senior executives resigned from employment at HHS and currently holds a new position with elevated duties and pay at another Executive Branch agency. The employee's new agency must now enforce the discipline. These agreements reflect the principle that employees who engage in prohibited personnel practices will not be permitted to hide their offenses under the cover of new employment.