5 U.S.C. § 2302 : US Code - Section 2302: Prohibited personnel practices

Search 5 U.S.C. § 2302 : US Code - Section 2302: Prohibited personnel practices

      (a)(1) For the purpose of this title, "prohibited personnel
    practice" means any action described in subsection (b).
      (2) For the purpose of this section - 
        (A) "personnel action" means - 
          (i) an appointment;
          (ii) a promotion;
          (iii) an action under chapter 75 of this title or other
        disciplinary or corrective action;
          (iv) a detail, transfer, or reassignment;
          (v) a reinstatement;
          (vi) a restoration;
          (vii) a reemployment;
          (viii) a performance evaluation under chapter 43 of this
        title;
          (ix) a decision concerning pay, benefits, or awards, or
        concerning education or training if the education or training
        may reasonably be expected to lead to an appointment,
        promotion, performance evaluation, or other action described in
        this subparagraph;
          (x) a decision to order psychiatric testing or examination;
        and
          (xi) any other significant change in duties,
        responsibilities, or working conditions;

      with respect to an employee in, or applicant for, a covered
      position in an agency, and in the case of an alleged prohibited
      personnel practice described in subsection (b)(8), an employee or
      applicant for employment in a Government corporation as defined
      in section 9101 of title 31;
        (B) "covered position" means, with respect to any personnel
      action, any position in the competitive service, a career
      appointee position in the Senior Executive Service, or a position
      in the excepted service, but does not include any position which
      is, prior to the personnel action - 
          (i) excepted from the competitive service because of its
        confidential, policy-determining, policy-making, or policy-
        advocating character; or
          (ii) excluded from the coverage of this section by the
        President based on a determination by the President that it is
        necessary and warranted by conditions of good administration;
        and

        (C) "agency" means an Executive agency and the Government
      Printing Office, but does not include - 
          (i) a Government corporation, except in the case of an
        alleged prohibited personnel practice described under
        subsection (b)(8);
          (ii) the Federal Bureau of Investigation, the Central
        Intelligence Agency, the Defense Intelligence Agency, the
        National Geospatial-Intelligence Agency, the National Security
        Agency, and, as determined by the President, any Executive
        agency or unit thereof the principal function of which is the
        conduct of foreign intelligence or counterintelligence
        activities; or
          (iii) the Government Accountability Office.

      (b) 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 - 
          (A) on the basis of race, color, religion, sex, or national
        origin, as prohibited under section 717 of the Civil Rights Act
        of 1964 (42 U.S.C. 2000e-16);
          (B) on the basis of age, as prohibited under sections 12 and
        15 of the Age Discrimination in Employment Act of 1967 (29
        U.S.C. 631, 633a);
          (C) on the basis of sex, as prohibited under section 6(d) of
        the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));
          (D) on the basis of handicapping condition, as prohibited
        under section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
        791); or
          (E) on the basis of marital status or political affiliation,
        as prohibited under any law, rule, or regulation;

        (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 - 
          (A) an evaluation of the work performance, ability, aptitude,
        or general qualifications of such individual; or
          (B) 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 (as defined in
      section 3110(a)(3) of this title) of such employee if such
      position is in the agency in which such employee is serving as a
      public official (as defined in section 3110(a)(2) of this title)
      or over which such employee exercises jurisdiction or control as
      such an official;
        (8) take or fail to take, or threaten to take or fail to take,
      a personnel action with respect to any employee or applicant for
      employment because of - 
          (A) any disclosure of information by an employee or applicant
        which the employee or applicant reasonably believes evidences -
        
            (i) a violation of any law, rule, or regulation, or
            (ii) gross mismanagement, a gross waste of funds, an abuse
          of authority, or a substantial and specific danger to public
          health or safety,

        if such disclosure is not specifically prohibited by law and if
        such information is not specifically required by Executive
        order to be kept secret in the interest of national defense or
        the conduct of foreign affairs; or
          (B) any disclosure to the Special Counsel, or to the
        Inspector General of an agency or another employee designated
        by the head of the agency to receive such disclosures, of
        information which the employee or applicant reasonably believes
        evidences - 
            (i) a violation of any law, rule, or regulation, or
            (ii) gross mismanagement, a gross waste of funds, an abuse
          of authority, or a substantial and specific danger to public
          health or safety;

        (9) take or fail to take, or threaten to take or fail to take,
      any personnel action against any employee or applicant for
      employment because of - 
          (A) the exercise of any appeal, complaint, or grievance right
        granted by any law, rule, or regulation;
          (B) testifying for or otherwise lawfully assisting any
        individual in the exercise of any right referred to in
        subparagraph (A);
          (C) cooperating with or disclosing information to the
        Inspector General of an agency, or the Special Counsel, in
        accordance with applicable provisions of law; or
          (D) for (!1) refusing to obey an order that would require the
        individual to violate a law;


        (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)(A) knowingly take, recommend, or approve any personnel
      action if the taking of such action would violate a veterans'
      preference requirement; or
        (B) knowingly fail to take, recommend, or approve any personnel
      action if the failure to take such action would violate a
      veterans' preference requirement; or
        (12) 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.

    This subsection shall not be construed to authorize the withholding
    of information from the Congress or the taking of any personnel
    action against an employee who discloses information to the
    Congress.
      (c) The head of each agency shall be responsible for the
    prevention of prohibited personnel practices, for the compliance
    with and enforcement of applicable civil service laws, rules, and
    regulations, and other aspects of personnel management, and for
    ensuring (in consultation with the Office of Special Counsel) that
    agency employees are informed of the rights and remedies available
    to them under this chapter and chapter 12 of this title. Any
    individual to whom the head of an agency delegates authority for
    personnel management, or for any aspect thereof, shall be similarly
    responsible within the limits of the delegation.
      (d) This section shall not be construed to extinguish or lessen
    any effort to achieve equal employment opportunity through
    affirmative action or any right or remedy available to any employee
    or applicant for employment in the civil service under - 
        (1) section 717 of the Civil Rights Act of 1964 (42 U.S.C.
      2000e-16), prohibiting discrimination on the basis of race,
      color, religion, sex, or national origin;
        (2) sections 12 and 15 of the Age Discrimination in Employment
      Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on
      the basis of age;
        (3) under section 6(d) of the Fair Labor Standards Act of 1938
      (29 U.S.C. 206(d)), prohibiting discrimination on the basis of
      sex;
        (4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
      791), prohibiting discrimination on the basis of handicapping
      condition; or
        (5) the provisions of any law, rule, or regulation prohibiting
      discrimination on the basis of marital status or political
      affiliation.

      (e)(1) For the purpose of this section, the term "veterans'
    preference requirement" means any of the following provisions of
    law:
        (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314,
      3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b),
      3504, and 4303(e) and (with respect to a preference eligible
      referred to in section 7511(a)(1)(B)) subchapter II of chapter 75
      and section 7701.
        (B) Sections 943(c)(2) and 1784(c) of title 10.
        (C) Section 1308(b) of the Alaska National Interest Lands
      Conservation Act.
        (D) Section 301(c) of the Foreign Service Act of 1980.
        (E) Sections 106(f),(!2) 7281(e), and 7802(5) (!2) of title 38.

        (F) Section 1005(a) of title 39.
        (G) Any other provision of law that the Director of the Office
      of Personnel Management designates in regulations as being a
      veterans' preference requirement for the purposes of this
      subsection.
        (H) Any regulation prescribed under subsection (b) or (c) of
      section 1302 and any other regulation that implements a provision
      of law referred to in any of the preceding subparagraphs.

      (2) Notwithstanding any other provision of this title, no
    authority to order corrective action shall be available in
    connection with a prohibited personnel practice described in
    subsection (b)(11). Nothing in this paragraph shall be considered
    to affect any authority under section 1215 (relating to
    disciplinary action).