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Prohibited Personnel Practices (taken from 5 U.S.C. 2302)

Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority:

    (1) discriminate for or against any employee or applicant for employment

    (2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of an evaluation of the work performance, ability, aptitude or general qualifications of such individual or an evaluation of the character, loyalty, or suitability of such individual

    (3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity

    (4) deceive or willfully obstruct any person with respect to such person's right to compete for employment

    (5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment

    (6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment

    (7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative of such employee if such position is in the agency in which such employee is serving as a public official or over which such employee exercises jurisdiction or control as such an official

    (8) take or fail to take a personnel action with respect to any employee or application for employment as a reprisal for a disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or a disclosure to the Special Counsel of the Merit Systems Protection board, or to the IG of an agency or another employee designated by the head of the agency to receive such disclosures.

    (9) take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation

    (10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States

    (11) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in section 2301 of this title.

Avoiding prohibited personnel practices will not guarantee you will never have to defend a decision or action, but it will give you a firm basis from which to start. You should remain conscious of Merit System Principles.


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Last Modified 11/08/99