Prohibited Personnel Practices. Section 37.01
Prohibited Personnel Practices. In accordance with 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 --
(a) discriminate for or against any employee or applicant for employment --
1. 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);
2. on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 X.X.X. 000, 000x);
3. 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));
4. on the basis of handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or
5. on the basis of marital status or political affiliation, as prohibited under any law, rule or regulation.
(b) 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
1. an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
2. an evaluation of the character, loyalty, or suitability of such individual.
(c) 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;
(d) deceive or willfully obstruct any person with respect to such person's right to compete for employment;
(e) 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;
(f) 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;
(g) 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 such employee if such position is in the ag...
Prohibited Personnel Practices. SECTION A. The Parties acknowledge that it is a prohibited personnel practice for any employee who has authority to take, direct others to take, recommend, or approve any personnel action to engage in any of the following:
1. Discriminating based on race, color, religion, sex or gender, age, national origin, physical or mental disability, sexual orientation, marital or parental status, or political affiliations;
2. Soliciting or considering employment recommendations not based on personal knowledge or records of the individual's work performance, ability, aptitude, general qualifications, suitability, character, or loyalty;
3. Coercing the political activity of any person;
4. Deceiving or willfully obstructing anyone competing for employment;
5. Influencing anyone to withdraw from competition for any position, whether to help or hurt anyone else's employment prospects;
6. Giving unauthorized preferential treatment to any employee or applicant;
7. Taking specified personnel actions based on nepotism;
8. Taking or failing to take, or threatening to take or fail to take, a personnel action with respect to any employee or applicant for employment because any protected disclosure of information, to parties specified under 5 U.S.C. § 2302(b)(8), of information evidencing specified kinds of governmental wrongdoing — that is, whistleblowing;
9. Taking or failing to take, or threatening to take or fail to take, any personnel action because of exercising an appeal right; testifying or lawfully assisting any individual in the exercise of any appeal right; cooperating with and dis- closing information to the Inspector General of an agency or the Special Counsel; or refusing to obey an order that would require the individual to violate a law;
10. Discriminating on the basis of personal conduct that does not adversely affect the performance of any employee or applicant or the performance of others, except in case of criminal conviction for the conduct; and
11. Taking or failing to take any other personnel action if that would violate any law, rule, or regulation implementing or directly concerning the merit system’s principles.
SECTION B. Employees who believe they have been discriminated against for any of the reasons cited in Section A may elect to file either (1) a complaint under the negotiated grievance procedure, or (2) a complaint with the United States Office of Special Counsel under statutory and regulatory procedures.
Prohibited Personnel Practices. The Prohibited Personnel Practices, including reprisal for whistle blowing, are defined in 5 U.S.C. 2302 and are included in Appendix 4 of this contract.
Prohibited Personnel Practices. DEFINITIONS
14.1 For the purpose of this Article, and in accordance with Chapter 1, Section 105 of the Act, amended and in accordance with 5 U.S.C. 2302, prohibited personnel practice means any action described in section 14.3 - 14.5.
14.2 For the purpose of this Article with respect to an employee in, or applicant for, a covered position in FAS, personnel practice means:
a. An appointment;
b. A promotion;
c. An assignment including assignment to any position or salary class;
d. An award of performance pay or special differential;
e. A within-class salary increase;
f. A separation;
g. A performance evaluation; and,
h. Any decision, recommendation, examination, or ranking that relates to section 14.2a - g. PRACTICES DEFINED IN THE ACT AND 5 U.S.C. 2302
14.3 Any employee who has the authority to take, direct others to take, recommend, or approve any personnel action, shall not with respect to such authority:
a. Discriminate for or against any employee or applicant for employment on the basis of:
1. race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964;
2. age as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967;
3. sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938;
4. disabling condition, as prohibited under Section 501 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act; and,
5. sexual orientation, marital status, political or union affiliations, as prohibited under any law, rule, or regulation.
b. 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:
1. work performance, ability, aptitude, or general qualifications of such individual; or,
2. character, loyalty, or suitability of such individual.
c. Coerce the political activity of any person (including the providing of any political contribution or service) or take any action against any employee as a reprisal for the refusal of any person to engage in such political activity;
d. Deceive or willfully obstruct any person with respect to such person’s right to compete for employment;
e. Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects o...
Prohibited Personnel Practices. (1) In accordance with 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:
(a) Discriminate for or against any employee or applicant for employment:
(i) on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964;
(ii) on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967;
(iii) on the basis of sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938;
(iv) on the basis of handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973; or
(v) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.
(b) 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:
(i) an evaluation of the work performance, ability, aptitude or general qualifications of such individual; or
(ii) an evaluation of the character, loyalty, or suitability of such individual.
(c) 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.
(d) Deceive or willfully obstruct any person with respect to such person’s right to compete for employment.
(e) 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.
(f) 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.
(g) 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 Title 5 of the United States Code) of such employee if such position in the agency in which such employee is serving as a public offici...
Prohibited Personnel Practices. A. The Parties hereby incorporate by reference the provisions of 5 U.S.C. 2302, which sets forth various prohibited personnel practices.
B. Should a grievance arise under this section, reference should be made to the various judicial and administrative decisions interpreting 5
Prohibited Personnel Practices. The NRC shall not:
3.4.1 Discriminate for or against any employee or applicant for employment:
3.4.1.1 on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964, NRC/NTEU Collective Bargaining Agreement
Prohibited Personnel Practices. [Back to ToC] The Office is bound by 5 U.S.C. §2302. In accordance with 5 U.S.C. §2302, the Office agrees that any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority:
Prohibited Personnel Practices. Section A. Purpose
1. For the purpose of this Article, and in accordance with 5 U.S.C. Section 2302, prohibited personnel practice means any action described in Section B below.
2. For the purpose of this Article, personnel action means:
a. an appointment
b. a promotion
c. an action under the Civil Service Reform Act of 1978 (5 U.S.C. Chapter 75) d. a detail, transfer, or reassignment
e. a reinstatement f. a restoration
