Prohibited Personnel Practices
Federal law prohibits certain personnel practices that undermine the merit system. Know your rights and protections.
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What Are Prohibited Personnel Practices?
Prohibited Personnel Practices (PPPs) are employment-related actions that violate merit system principles. They are defined in Title 5, United States Code, Section 2302. The U.S. Office of Special Counsel (OSC) investigates complaints of PPPs and can seek corrective and disciplinary action.
AFGE Local 3313 is committed to ensuring that all DOT employees are treated fairly and that management adheres to merit system principles. If you believe you have been subjected to a prohibited practice, contact your union representative immediately.
The 14 Prohibited Personnel Practices
Discrimination
Discriminating against an employee or applicant based on race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
Soliciting or Considering Improper Recommendations
Soliciting or considering employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics.
Coercing Political Activity
Coercing the political activity of any person, or taking action against an employee as reprisal for refusal to engage in political activity.
Deceiving or Obstructing Applicants
Deceiving or willfully obstructing anyone from competing for employment, or influencing withdrawal from competition to improve or injure another's prospects.
Influencing Withdrawal from Competition
Influencing any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.
Granting Unauthorized Preferences
Granting any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment.
Nepotism
Employing or advocating for the employment of a relative. This includes appointing, promoting, or advancing a relative in the agency where the official serves.
Whistleblower Retaliation
Taking or threatening to take a personnel action against an employee for disclosing information that evidences a violation of law, gross mismanagement, waste of funds, abuse of authority, or danger to public health or safety.
Retaliation for Exercising Rights
Taking or threatening to take a personnel action against an employee for exercising any appeal, complaint, or grievance right; testifying or assisting in any proceeding; or cooperating with an Inspector General.
Discrimination Based on Off-Duty Conduct
Discriminating against an employee or applicant based on conduct that does not adversely affect job performance.
Violating Veterans' Preference
Knowingly taking, recommending, or approving a personnel action that violates veterans' preference requirements.
Violating Merit System Principles
Taking or failing to take a personnel action that violates any law, rule, or regulation implementing or directly concerning the merit system principles.
Implementing Nondisclosure Policies
Implementing or enforcing any nondisclosure policy, form, or agreement that fails to include the required statement that such agreements are consistent with whistleblower protection statutes.
Accessing Medical Records
Accessing the medical record of an employee or applicant as part of, or otherwise in furtherance of, any prohibited personnel practice.
What To Do If You Experience a Prohibited Practice
1. Contact Your Union Rep
Reach out to your agency's union representative or email the union at askafgelocal3313@outlook.com. We can help assess the situation and advise on next steps.
2. Document Everything
Keep detailed records of the prohibited practice including dates, times, witnesses, and any relevant communications. Written documentation strengthens your case.
3. File a Complaint
You may file a complaint with the Office of Special Counsel, file a grievance, or pursue an EEO complaint if discrimination is involved.
Remember: You Have Rights
It is illegal for any federal supervisor or manager to retaliate against you for exercising your rights, filing a complaint, or cooperating with an investigation. Your union is here to protect you.