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. 

WHAT IS A PROHIBITED PERSONNEL PRACTICE (PPP)? 

Under 5 U.S.C. § 2302(b)(1)-(b)(14) a federal employee authorized to take, direct others to take, 

recommend or approve any personnel action may not: 

• 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 thUa.t ther S. O ice of Sp fef will be exten eciaslive C uns otraveell 

in the position w17he he 30nM kn Strow that eetsN.W.,there is no Suite 218 

travel. Washington D.C. 20036-4505 

• Engage in nepotism. EXAMPLE: Secondlevel 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.). 

• 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 

• 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 

Spanish-speaking skills are necessary for a vacant non-disclosure agreement that prohibits the 

position, for the purpose of selecting Employee 

Jack, who speaks fluent Spanish. The position, 

employees from discussing the program in any 

way and fails to notify employees of protected 

however, does not require Spanish-speaking skills. channels for making disclosures. 

• 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 

• Access the medical record of an employee or 

applicant, as part of, or in furtherance of any 

of the above-listed prohibitions. EXAMPLE: 

An employee expresses interest in an open 

position to the hiring official, who wants to hire 

appointment of Employee Jack because of another applicant. The hiring official accesses 

Jack’s letter to the editor criticizing the employee’s medical record and attempts to 

affirmative action - a valid exercise of First influence the employee to withdraw from 

amendment rights, a law implementing a competition by telling her that the stress of the 

merit system principle. new position will worsen a condition found in 

her medical record. 

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

the Hatch Act. 

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

Need additional information? 

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. 

• Information on filing a complaint or making a disclosure: 202-804-7000, 800-872-9855, or info@osc.gov. 

• Updated and detailed information on OSC and its procedures: www.osc.gov. 

• Information about training and certification: 202-804-7163 or certification@osc.gov. 

U.S. Office of Special Counsel 

1730 M Street N.W., Suite 218 

Washington D.C. 20036-4505