What Happens Next

Can OSC delay a personnel action pending investigation of the matter?

An individual may request that the Special Counsel seek to delay, or "stay," an adverse personnel action pending an OSC investigation. If the Special Counsel has reasonable grounds to believe that the proposed action is the result of a prohibited personnel practice, OSC may ask the agency involved to delay the personnel action. If the agency does not agree to a delay, OSC may then ask the U.S. Merit Systems Protection Board (MSPB) to stay the action. (OSC cannot stay a personnel action on its own authority.)