U.S. Office of Special Counsel 

1730 M Street N.W., Suite 218 

Washington D.C. 20036-4505

 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. 

 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, including 

discrimination based on sexual orientation. 

EXAMPLE: Jack's employment is terminated 

because he attended a "Gay Pride" march; or he 

attended a "Pro-Life" event; or he attended an 

animal rights rally; or he attended a gun-owners' 

rights meeting.

 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.). 

WHAT IS A PROHIBITED PERSONNEL PRACTICE (PPP)?: 

Under 5 U.S.C. §2302(b)(1)-(b)(13) a federal employee authorized to take, direct others to 

take, recommend or approve any personnel action may not: 

YOUR RIGHTS AS A FEDERAL 

EMPLOYEE 

ENFORCED BY 

THE U.S. OFFICE OF SPECIAL COUNSEL

I. THE U.S. OFFICE OF SPECIAL COUNSEL (OSC) is an independent agency 

that investigates and prosecutes allegations of prohibited personnel practices (PPP). 
U.S. Office of Special Counsel 

1730 M Street N.W., Suite 218 

Washington D.C. 20036-4505

   

An employee who believes a PPP has been committed can file a written complaint with the U.S. Office of 

Special Counsel. Complaint forms are available on the Web at www.osc.gov. Employees do not need 

attorneys to file a complaint. OSC is an independent and prosecutorial agency. It will investigate allegations 

of prohibited personnel practices, and seek any corrective and disciplinary action. 

RECEIVING CONFIDENTIAL DISCLOSURES (5 U.S.C. §1213): 

Current and former federal employees and applicants can confidentially report information evidencing a 

violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of 

authority, or a substantial and specific danger to public health or safety. The OSC has the authority to 

require the head of the agency concerned to investigate the matter if OSC determines that a disclosure has 

been made. 

ENFORCING THE HATCH ACT (5 U.S.C. §7321-26): 

The Office of Special Counsel is authorized to issue advisory opinions that respond to federal employee 

questions about whether or not they may engage in specific political activities under the Act. The OSC also 

prosecutes violations of the Hatch Act before the Merit Systems Protection Board. These violations include: 

using official authority to interfere with an election result; soliciting, accepting or receiving political 

contributions; soliciting or discouraging political activity of persons before the employing agency; and 

running for public office in a partisan political election. 

 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.

 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. 

What can you do if you believe a PPP has been committed? 

II. The U.S. Office of Special Counsel also receives confidential disclosures and 

enforces the Hatch Act 

Need additional information? 

 Information on filing a complaint: 202-254-3600 or 800-872-9855. 

 Information on making a disclosure: 202-254-3640 or 800-572-2249. 

 Updated and detailed information on OSC and its procedures- visit our web page: www.osc.gov.