If you’ve been targeted, passed over, or retaliated against in your federal job, it may not just be unfair — it may be illegal. Federal law prohibits 14 specific types of misconduct by agency officials known as Prohibited Personnel Practices (PPPs).
These rules — found in 5 U.S.C. § 2302(b) — are the enforcement teeth behind the Merit System Principles, the legal foundation of fairness in federal employment.
At National Security Law Firm (NSLF), our federal employment lawyers fight every day for federal employees who’ve suffered retaliation, discrimination, or career harm because an agency broke those rules. Below, we’ll break down each prohibited personnel practice in plain English and show how to protect yourself when the system goes wrong.
What Are Prohibited Personnel Practices?
Under 5 U.S.C. § 2302(b), any federal employee who has the authority to hire, fire, promote, discipline, or influence personnel actions “shall not” engage in conduct that violates the merit system.
Congress first codified these protections in the Civil Service Reform Act of 1978, creating a comprehensive list of PPPs enforceable through the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC).
These practices are more than technical rules — they are the legal standards of integrity, equity, and accountability in every personnel decision.
The Fourteen Prohibited Personnel Practices Explained
1. Discrimination in Violation of Law
It is unlawful to discriminate for or against any employee or applicant on the basis of race, color, religion, sex (including sexual orientation and gender identity), national origin, age, disability, marital status, or political affiliation.
This prohibition incorporates Title VII, the ADEA, the Equal Pay Act, and the Rehabilitation Act. It also bars bias based on marital status or partisan politics, ensuring equal opportunity throughout federal service.
2. Improper Recommendations
Agency officials may not solicit or consider outside recommendations that aren’t based on personal knowledge of an applicant’s work performance or character. This prevents political influence, favoritism, or “who-you-know” hiring.
3. Coercing Political Activity
No one may coerce or retaliate against an employee or applicant for political activity or for refusing to engage in it. This prohibition, reinforced by the Hatch Act, preserves the non-partisan integrity of the civil service.
4. Obstructing the Right to Compete
Agencies cannot deceive, obstruct, or manipulate competition to exclude qualified candidates. Everyone must have a fair and open chance to compete for federal employment based on merit.
5. Influencing Withdrawal from Competition
It is a violation to pressure an applicant to withdraw from competition in order to benefit another candidate. Even truthful information becomes illegal if it’s shared with intent to dissuade.
6. Granting Unauthorized Preference or Advantage
No official may give an individual an improper advantage in hiring or promotion — such as tailoring job announcements, manipulating qualifications, or fast-tracking a favored applicant. Only legally authorized preferences, like veterans’ preference, are allowed.
7. Nepotism
Favoring relatives in hiring, promotion, or advancement is prohibited. While family members can serve in government, officials cannot use their influence to benefit them or anyone under their authority.
8. Retaliation Against Whistleblowers
Agencies cannot take, fail to take, or threaten a personnel action because an employee disclosed information showing violation of law, gross mismanagement, waste, abuse of authority, or danger to public safety.
This protection is the backbone of the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act (WPEA).
9. Retaliation for Exercising Legal Rights
Employees are protected when they file grievances, EEO complaints, appeals, or cooperate with investigations by an Inspector General or the OSC. They are also protected when refusing to obey illegal orders.
10. Discrimination Based on Off-Duty Conduct
Agencies cannot discriminate against employees for lawful conduct outside of work that does not affect job performance — such as membership in organizations, personal relationships, or political beliefs.
11. Violating Veterans’ Preference Requirements
It is a PPP to knowingly take or fail to take a personnel action that violates veterans’ preference rights under statutes like the Veterans Employment Opportunities Act (VEOA). Veterans who believe their rights were violated can appeal to the MSPB after DOL review.
12. Violating Laws Implementing Merit System Principles
This “catch-all” PPP makes it unlawful to violate any law, rule, or regulation that implements or directly concerns the Merit System Principles. It covers actions that undermine fairness or due process even if not captured by another PPP.
13. Improper Nondisclosure Agreements (“Gag Orders”)
Added by the Whistleblower Protection Enhancement Act of 2012, this PPP forbids agencies from enforcing nondisclosure policies or forms that fail to explicitly preserve employees’ rights to report waste, fraud, abuse, or communicate with Congress.
14. Accessing Medical Records Improperly
The newest PPP, enacted under the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017, prohibits officials from accessing another employee’s medical records as part of or in furtherance of any other PPP. This ensures medical privacy and prevents retaliation through health-related information misuse.
How the PPPs Are Enforced
1. Office of Special Counsel (OSC)
The OSC investigates PPP complaints and may seek corrective or disciplinary action before the MSPB. It can also request an immediate stay of personnel actions during investigation.
2. Merit Systems Protection Board (MSPB)
The MSPB adjudicates appeals of adverse actions, “otherwise appealable actions,” and whistleblower retaliation claims. It can order reinstatement, back pay, attorney’s fees, and penalties for violators.
3. Office of Personnel Management (OPM)
The OPM oversees agency HR practices and ensures adherence to the merit system principles government-wide.
4. Equal Employment Opportunity Commission (EEOC)
The EEOC handles federal discrimination complaints. In “mixed cases” involving both discrimination and an adverse action, employees can elect to proceed before either EEOC or MSPB.
How to Prove a PPP
To succeed in a PPP claim before the MSPB, you generally must show:
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A personnel action occurred (such as removal, demotion, suspension, or reassignment).
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A prohibited purpose motivated the action.
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The deciding official had knowledge or involvement in the prohibited conduct.
Each PPP has its own evidentiary standards. For instance, whistleblower claims require proof of a protected disclosure and a contributing factor in the agency’s action, while retaliation claims require showing causal connection between protected activity and adverse treatment.
If the agency cannot prove it would have taken the same action by clear and convincing evidence, you win.
Penalties for Committing a PPP
The MSPB can impose serious penalties on those who violate 5 U.S.C. § 2302(b), including:
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Reprimand, suspension, or removal;
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Demotion or debarment from federal employment for up to five years;
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Civil penalties up to $1,000;
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Mandatory discipline under the Dr. Chris Kirkpatrick Act for supervisors who retaliate against whistleblowers.
Strategic Guidance from NSLF
When you’ve been the victim of a prohibited personnel practice, the path forward can be confusing. Our attorneys help federal employees:
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Identify which PPP applies to their situation.
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File timely complaints with the OSC, MSPB, or EEOC.
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Gather comparator and motive evidence proving pretext.
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Negotiate clean SF-50 settlements or reinstatement.
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Protect their security clearances and federal reputations throughout the process.
Our Attorney Review Board meets weekly to coordinate strategy across cases — a built-in advantage few firms can match.
Why Choose NSLF
When the federal government crosses the line, we hold it accountable.
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4.9-star Google rating from clients nationwide.
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Former agency attorneys and military officers who understand federal bureaucracy from the inside.
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Washington, D.C. headquarters at the heart of MSPB and OSC activity.
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Nationwide representation across all federal employment forums.
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Veteran-founded, mission-driven team grounded in discipline and integrity.
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Proven results in whistleblower, discrimination, and retaliation cases.
Our senior attorneys — Jeff Velasco, Danielle Moora, and Karen Hickey — bring more than six decades of combined experience from DHS, TSA, and CBP. They know the system’s weak points — because they helped build it.
Explore the Federal Employment Defense Resource Hub
For more insider strategy on protecting your career, visit our Federal Employment Defense Hub.
You’ll find:
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Step-by-step guides on MSPB and OSC appeals
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Deep dives into Merit System Principles and PPP law
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Case studies showing how NSLF secures reinstatement and back pay
Also read: Finding the Best Federal Employment Lawyer — Why Local Isn’t Always Better.
Book a Free Consultation
If you believe your agency violated the Prohibited Personnel Practices, don’t stay silent. The sooner you act, the more leverage you have.
Our consultations are free, confidential, and pressure-free.
Book your free consultation today.
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