Which Law is designed to promote overall fairness in federal personnel actions

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

What Is National Origin Discrimination?

It is illegal to discriminate against an individual because of birthplace, ancestry, culture or linquistic characteristics common to a specific ethnic group.  For example, a rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business.  If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule. 

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to ensure that employees are leally authorized to work in the U.S.  However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound forein may violate both Title VII and IRCA.  Verification must be obtained from all applicants and employees.  Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities may also violate IRCA. 

What Is Sex of Gender Discrimination?

Discrimination on the basis of sex, or gender, is prohibited under Title VII.   Examples of this kind of discrimination include sexual harassent and pregancy based discrimination. Sexual harassment includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.) Pregnancy based discrimination includes discrimination because of pregnancy, childbirth, and related medical conditions.  These situations must be treated in the same way as other temporary illnesses or conditions.

The FEC may not discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the bases of age, disability, genetic information, pregnancy, race, color, religion, sex, national origin, marital status or political affiliation.

Discrimination on these bases is prohibited by one or more of the following statutes:

  • 5 U.S.C. §2302(b)(I)
  • 29 U.S.C. §206(d)
  • 29 U.S.C. §631
  • 29 U.S.C. §633a
  • 29 U.S.C. §791 and
  • 42 U.S.C. § 2000e-16

If you believe that you have been the victim of unlawful discrimination on one or more of these bases, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination against the FEC. (29 CFR § 1614).

Further, if you believe that you have been the victim of unlawful discrimination specifically on the basis of age, you must either contact an EEO counselor within 45 days or if you wish to bypass the administrative process, you may give notice of intent to file suit against the FEC to the Equal Employment Opportunity Commission within 180 calendar days of the alleged discriminatory action.

If you are alleging discrimination based on sexual orientation or status as a parent, please contact the U.S. Office of Special Counsel at 202-653-7188, the MSPB at 202-653-6772 or both as applicable, to determine whether grounds exist for a prohibited personnel practice complaint under the Civil Service Reform Act, 5 U.S.C. 2302(b)(10).

What is the purpose of the Merit Systems Protection Board quizlet?

Merit Systems Protection Board ensures candidates are hired based on merit.

What is reprisal according to the Civil Service Reform Act quizlet?

what is the reprisal according to the civil service reform act? retaliation against an individual who has engaged in activity protected under federal antidiscrimination and whistleblower protection. appeals must be filed with the MSPB within 30 days of effective date of the personnel action.

What is the purpose of the Equal Employment Opportunity Commission?

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national ...

What is reprisal according to the civil service?

What is reprisal according to the Civil Service Reform Act? Retaliation against an individual who has engaged in activity protected under Federal antidiscrimination and whistleblower protection. Appeals must be filed with the MSPB within 30 days of the effective date of the personnel action.