Prohibited Personnel Acts

A job announcement is advertised for a GS-11 Loan Specialist in the division that you supervise. You think that your nephew who, just received his Masters in Accounting, would be a perfect fit for the position. As a manger, what should you do?

Someone you supervise recently earned a Masters in Accounting. He just told you that he wants to apply for the same GS-11 Loan Specialist position as your nephew. While he and your nephew are highly qualified, you believe your nephew would be a better fit for the position. Which of the following are you permitted to do to promote the person you feel is the best candidate for the position?

You manage an office of six people. One of your subordinates has submitted a request for a promotion. You have given him a superior rating each of the last three years. However, this subordinate constantly talks about himself and does not attend office gatherings held after hours. Can you deny this subordinate the promotion based on this conduct?

You manage a finance office of seven women and one man. The end of the fiscal year is always the busiest and most demanding time of the year, but because of complications from the October 2013 sequestration, the chief of the office has ordered a moratorium on all leave requests, with the exception of sick leave. Your sole male employee, Jimmy, submits a leave request to complete his wedding plans. He and his partner plan on getting married on October 1. Based on the moratorium, are you authorized to deny Jimmy's leave request?

In November, you offer members of your staff 59 minutes of leave if they help canvas for a Presidential candidated, whom you strongly support, on Election Day. Jimmy, however, supports the opposing candidate and does not want to participate. You tell Jimmy that it's okay not to participate, but that he will have to remain in the office for those 59 minutes and cannot take the leave. Is this a prohibited personnel practice?

Jimmy participated in the activity, but was really uncomfortable believing that this request was illegal. As such, he confides in your supervisor about the events that transpired. Has Jimmy made a Protected Disclosure to your supervisor?

In November, you offer members of your staff 59 minutes of leave if they help canvas for a Presidential candidate, whom you strongly support, on Election Day. Jimmy, however, supports the opposing candidate and does not want to participate. You tell Jimmy that it's okay not to participate, but that he will have to remain in the office for those 59 minutes and cannot take the leave. Jimmy participated in the activity, but was really uncomfortable believing that this request was illegal. As such, he confieds in your supervisor about the events that transpired. Is Jimmy a Whistleblower?

As a matter of routine, Jimmy is eligibile for a step increase. While you are reviewing the paperwork, your supervisor calls you into her office and informs you that you will be subject to disciplinary actions for your behavior described in the previous examples. When you return to your desk, you decide to decline Jimmy's request for a step increase. Is this an act of retaliation?

Jimmy meets with the Whistleblower Ombudsman who recommends that he file a complaint of Whistleblower Retaliation with the Office of Special Counsel (OSC). The OSC pursues an investigation and petitions the MSPB to grant corrective action on Jimmy's behalf. What remedies could the MSPB offer?

Jimmy meets with the Whistleblower Ombudsman who recommends that he file a complaint of Whistleblower Retaliation with the Office of Special Counsel. The OSC pursues an investigation and petitions the MSPB to impose disciplinary action against you due to your retaliation against Jimmy. As the supervisor, what consequences could you receive for committing prohibited personnel practices?