Perceived Prohibited Personnel Practices Hits 18-Year Low, Problems Persist

By Joanna S. Friedman

A new U.S. Merit Systems Protection Board (MSPB) study finds that federal employees’ perception of the occurrence of prohibited personnel practices (PPP) is at an 18-year low. While it is nice to see employees believe PPPs have become less common in the federal workplace, it is important to keep in mind this study deals with perceptions. Make no mistake; practices such as discrimination, obstruction of competition and nepotism are still daily occurrences within the federal government.

According to an MSPB survey taken in 2010 of full-time, permanent federal employees, 8 percent of 41,680 respondents reported being affected by at least one PPP over the previous two years, and 1.3 percent reported being affected by more than three. Under the Civil Service Reform Act of 1964, there are 12 prohibited personnel practices federal employees with supervisory authority are required to follow.

One key factor the MSPB study identifies as influencing federal employees changing perceptions of PPP is the different makeup of the federal workforce. Over the past 18 years, the workforce has become older, more diverse and better educated. Nevertheless, since the previous survey that was conducted in 2007, the percentage of federal employees who perceived PPPs rose in the categories of discrimination based on race, disability and marital status (See Chart).

The irony here is that while federal employees’ perceptions of PPPs have dipped to record lows, the number of PPP complaints filed with the Office of Special Counsel (OSC), and discrimination-based complaints filed with the Equal Employment Opportunity Commission (EEOC) have continued to climb at alarming rates. According to the OSC’s annual report, the agency received 2,431 new PPP complaints in the 2010 fiscal year, which is up 23 percent from the 2007 fiscal year. During the same period, the EEOC saw a 24 percent increase in age-based discrimination complaints to 1,078 and a 20 percent increase in retaliation-based complaints to 1,994.

Federal employees have many options for challenging PPPs. They can report a suspected PPP to the OSC for investigation, and after 120 days from the date of filing the complaint, employees then have an individual right of appeal to file for relief with the MSPB. Alternatively, if employees believe a PPP was motivated by unlawful discrimination, they may have grounds to file a complaint with the OSC or an agency’s EEO office. While OSC has the authority to investigate complaints of discrimination based on race, color, sex, religion, national origin, retaliation, age, and disability, it often defers such cases to the agency in which the discrimination occurred. The OSC, however, will investigate complaints alleging discrimination based on political affiliation or marital status.

Federal employees who believe they have been subjected to a PPP should immediately contact a federal sector employment law attorney. As the above statistics illustrate, the OSC has seen a deluge of new complaints. Employees can rest assured knowing that an effective private attorney, such as one at Tully Rinckey PLLC, will be dedicated to fighting for their rights before the EEOC or MSPB.

Joanna S. Friedman is partner with Tully Rinckey PLLC. She concentrates her practice in federal sector employment and labor law. She can be reached at jfriedman@fedattorney.com. To schedule a meeting with one of Tully Rinckey PLLC’s experienced employment law attorneys call 202-787-1900.