of Ethics Online Collection: None
U.S. Department of Agriculture
Human Resource Management
Automated Personnel Systems Division
Personnel Bulletin No. 735-1
PERSONNEL BULLETIN NO. 735-1
SUBJECT: Employee Responsibilities and Conduct
Attached and incorporated into this bulletin are rules on "Employee Responsibilities and Conduct," which address subjects different from those included by the Office of Government Ethics (OGE) in its "Standards of Ethical Conduct for Employees of the Executive Branch" (5 CFR Part 2635). Employees must follow the OGE rules as well as this bulletin.
Evelyn M. White
Director of Human Resources Management
Attachment
INQUIRIES: Employee Relations and Development Division, Dave Spradlin
(202) 690-3089, Room 47-W Jamie L. Whitten Building
DISTRIBUTION: All DPM Holders
BULLETIN EXPIRES: December 31, 1998.
DEPARTMENT OF AGRICULTURE
HUMAN RESOURCES MANAGEMENT
EMPLOYEE RESPONSIBILITIES AND CONDUCT
BULLETIN: 735-1
Subpart A -- General Provisions
735-104 Mission Area supplementation.
Subpart B -- Responsibilities and Conduct of Employees
735-201 Prohibited conduct - general.
735-204 Sale of personal property.
735-205 Use of government vehicles.
735-206 Activities with regard to farm organizations.
735-207 Prohibitions on employees serving abroad.
735-208 Miscellaneous provisions.
735-210 Retaliation and reprisal.
735-212 Miscellaneous statutory provisions.
II. EMPLOYEE RESPONSIBILITIES AND CONDUCT
Subpart A -- General Provisions.
(a) "Agency" means a constituent Agency of the U. S. Department of Agriculture.
(b) "Agency Head" means the Administrator or Chief of an Agency.
(c) "Department" means the United States Department of Agriculture.
(d) "Mission Area" means those components of the Department that report to an individual Under Secretary of Agriculture or to an individual Assistant Secretary of Agriculture.
Unless otherwise stated, any authority delegated in this Issuance may be redelegated to a level of management that has the experience and/or training to administer the delegation.
(a) Within 90 days of publication of this Issuance or subsequent changes to it, Agencies will issue each employee a copy.
(b) Each new employee shall be furnished, at the time of hiring, a copy of this Issuance.
(c) With his/her copy of this issuance, each employee will receive notification where to direct any questions about the issuance.
735-104 Mission Area supplementation.
With prior approval of the office of the Designated Agency Ethics Official, Mission Areas may supplement this Issuance as to substance and procedure. Mission Area supplemental regulations may be more restrictive. Mission Areas shall furnish employees copies of regulations that supplement this Issuance on the same basis employees are furnished copies of this Issuance as required in Section 735-103 (a), (b), and (c).
Subpart B -- Conduct and Responsibilities of Employees
735-201 Prohibited conduct - general.
Employees are prohibited from:
(a) Engaging in criminal, infamous, dishonest, immoral, or disgraceful conduct, or other conduct prejudicial to the Government;
(b) Conducting, or participating in, any gambling activity including the operation of a gambling device, conducting a lottery or pool, a game for money or property, or selling or purchasing a numbers slip or ticket while on Government-owned or leased property or while on duty for the Government. This does not preclude activities:
(1) Necessitated by an employee's law enforcement duties; or
(2) Under section 7 of Executive Order 12353, permitting solicitations conducted by organizations composed of employees among their own members for organizational support or for the benefit of welfare funds for their members.
(c) Engaging in teaching, lecturing, or writing, with or without compensation, for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment. This does not preclude such teaching, lecturing, or writing if:
(1) Prior written authorization is obtained from a Mission Area ethics official;
(2) Such teaching, lecturing, or writing is not performed at or for any educational institution or other organization that discriminates because of race, creed, color, sex, religion, age, national origin, or physical or mental disability, in the admission or subsequent treatment of students;
(3) The information upon which the preparation is based has been made available to the general public or will be made available on request; and
(4) Such preparation is authorized in writing by the Director of the Office of Personnel Management or his or her designees, or by the Director General of the Foreign Service or his or her designees, as applicable.
(d) Using an intoxicating beverage on Government-owned or leased property (except when authorized by the Office of Operations for the Washington, D.C., complex; or by the Agency Head or designee in field locations owned by the Department; or by the Agency Head or designee in field locations leased by the Department or controlled by the General Services Administration [GSA], upon concurrence by the lessor or the appropriate GSA official); or transporting or using an intoxicating beverage in a Government-owned or leased vehicle;
(e) Harassing employees by word or action, or knowingly making false accusations against employees;
(f) Monitoring telephone conversations, recording telephone conversations by device, or authorizing or permitting others under their administrative control to monitor telephone conversations or record telephone conversations by device, except:
(1) As authorized by the Inspector General or his/her designee, with the prior consent of one party to a telephone conversation and when necessary in a criminal investigation;
(2) When all parties agree in advance; or
(3) When supervisors monitor or record telephone-bank or similar operations for the purpose of evaluating performance of employees.
(g) Utilizing any device to monitor or record nontelephone conversations, except:
(1) As authorized by the Inspector General or his/her designee with the prior consent of one party to a nontelephone conversation and when necessary in a criminal investigation; or
(2) When all parties agree in advance.
(h) Canvassing for sales, or selling, any article (including but not limited to candy or other items for schools or charities; kitchenware or other home furnishings; paper products; cosmetic products; or any other items whatsoever) in person or by distributing or posting literature, advertising matter, or any other graphic matter, in or on Government-owned or leased property, or property occupied by the Department;
(i) Engaging in coercive or repeated unsolicited and unwelcome verbal comments, gestures, or physical contacts of a sexual nature or by using implicit or explicit coercive sexual behavior in the process of conducting agency business, or to control, influence, or affect the career, salary, or job of an employee;
(j) Failing to take appropriate action on complaints or proven acts of sexual harassment, if a supervisor or manager who knew or should have known of those acts;
(k) Displaying discourtesy or disrespect to a coworker, another Federal employee, or a member of the public when acting in an official capacity;
(1) Failing to wear or use specified safety equipment, or failing to report obvious unsafe conditions, while on official duty; or
(m) Making threats against other employees or members of the public.
Pursuant to the Foreign Gifts and Decorations Act, the acceptance by an employee of a gift, present, decoration, or other thing from a foreign government or agent thereof (including an international organization whose membership includes a unit of foreign government or any agent of a foreign government) is subject to the following conditions:
(a) An employee may not request or otherwise encourage the tender of a decoration or gift (including travel and travel expenses);
(b) An employee may accept and retain a gift that is tendered and received as a souvenir or a mark of courtesy if the gift has a retail value in the United States, at the time of acceptance, less than an amount established by the U.S. Department of State;
(c) An employee may accept a gift of more than an amount established by the U.S. Department of State:
(1) when such gift is in the nature of an educational scholarship or medical treatment; or
(2) when it appears that to refuse the gift would likely cause offense or embarrassment, or would otherwise adversely affect the foreign relations of the United States; or
(3) when in the form of travel or expenses for travel entirely outside the United States, provided the employee obtains prior approval for the acceptance of the travel or expenses for travel from the head of the employing Agency or his or her designee; or
(4) when the employee pays the appraised value of the gift plus the cost of appraisal in accordance with the regulation at 41 CFR Part 101-49;
(d) The acceptance of a tangible gift of more than the amount determined by the U.S. Department of State ($225) is deemed to have been accepted on behalf of the United States, becomes the property of the United States, and must be deposited by the employee within 60 calendar days with his or her employing Agency's property management officer with a statement showing:
(1) Name and position of the employee accepting the gift
; (2) Brief description of the gift and the circumstances justifying acceptance;
(3) Identity, if known, of the foreign government and name and position of the individual who presented the gift;
(4) Date of acceptance of the gift;
(5) Estimated value in the United States of the gift at time of acceptance; and
(6) Disposition and current location of the gift.
(e) If the employee accepted a gift for travel or travel expenses, the employee must file a statement with his or her employing Agency Head within 30 calendar days after acceptance stating:
(1) Name and position of the employee accepting the gift;
(2) Brief description of the gift and the circumstances justifying acceptance; and
(3) Identity, if known, of the foreign government and name and position of the individual who presented the gift;
(f) An employee may accept, retain, and wear a foreign decoration if tendered in recognition of active field service or unusually meritorious service and if supported by a statement from the donor, preferably in the form of a citation, which shows the basis for tender of the award. A request from the head of the employing Agency for approval of the acceptance of the decoration will be forwarded to the Administrator of the Foreign Agricultural Service (FAS) or his or her designee for concurrence or disapproval. The request from the employing Agency must contain a recommendation as to whether or not the acceptance, retention, and wearing of the foreign decoration by the employee would be in the best interest of the United States. The Administrator of the FAS shall notify the employing Agency of his or her concurrence or disapproval of the retention of the foreign decoration. Disapproval by the FAS shall constitute acceptance on behalf of the United States, and the decoration shall be deposited by the employee with the Agency's Property Management Officer within 60 calendar days of the acceptance. The Property Management Officer shall report the decoration, as required by the Agriculture Property Management Regulations;
(g) Violation of the provisions of the Foreign Gifts and Decorations Act, including the failure by an employee to report such a gift, may result in a civil penalty against the employee for the retail value of the gift plus $5,000; and
(h) The definition of "employee" for purposes of the Foreign Gifts and Decorations Act includes all employees of the Department, experts or consultants under contract with the United States, spouses of all such individuals, and blood and in-law relations who are residents of the employee's household.
(a) Employees must observe designated duty hours and be punctual in reporting for work and returning from lunch periods. Tardiness can result in employees being placed in a nonpay status for unauthorized absence (Absence Without Leave [AWOL]) and being subject to discipline or adverse action.
(b) Employees normally must obtain advance authorization for absence from duty. Approval of leave is a discretionary matter reserved to the supervisor. The taking of leave is not a right afforded to an employee, but is conditioned on the needs of Department service. Where absence from duty results from illness or an emergency, employees are required to notify their supervisor or other appropriate person as soon as possible. When an employee fails to notify properly his or her supervisor, an absence may be charged as unauthorized absence (Absence Without Leave [AWOL]). An employee charged with AWOL may be subject to disciplinary or adverse action.
(c) Sick leave is administered in accordance with 5 CFR Part 630, Subpart D (including the Federal Employees Family Friendly Leave Act, Public Law 103-388, dated October 22, 1994), and covers a situation in which an employee:
(1) Receives medical, dental, or optical examination or treatment;
(2) Is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
(3) Provides care for a family member as a result of physical or mental illness; injury; pregnancy; childbirth; or medical, dental, or optical examination or treatment;
(4) Makes arrangements necessitated by the death of a family member or attends the funeral of a family member; or
(5) Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease.
(6) Family member includes the following relatives of the employee:
(i) Spouse, and parents thereof;
(ii) Children, including adopted children and spouses thereof;
(iii) Parents;
(iv) Brothers and sisters, and spouses thereof; and
(v) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
735-204 Sale of personal property.
(a) Personal property offered for sale by the Department may be purchased by employees only when the sale of such property is based upon competitive bids.
(b) Except as provided in paragraph (c) of this section, no purchase of personal property offered for sale by the Department may be made by an employee who:
(1) was formerly accountable for the property;
(2) formerly used the property; or
(3) was in any way connected with its condemnation, declaration as excess, or sale.
(c) The prohibitions in paragraph (b) of this section do not apply in the following situations:
(1) Surplus perishable products may be sold to employees at the best price obtainable in quantities not exceeding the needs of their immediate households; and
(2) Special clothing and other articles or personal equipment purchased for the exclusive use of and fitted to an individual employee may, when not otherwise usable by the Department and in all respects surplus to the needs of the Government, be sold to such employees at the best price obtainable in the event of his or her separation from the Department or permanent assignment to duties not requiring such clothing or equipment.
735-205 Use of government vehicles.
(a) An employee shall not, unless he or she has been specifically authorized by the Agency: store Government owned or leased motor vehicles at or near his or her private residence or at other unauthorized locations, including, but not limited to, homes of relatives or friends.
(b) Employees are required to wear seat belts whenever riding -- as operator or as passenger -- in a truck, automobile, or other passenger vehicle in the performance of official duties or while on official time.
(c) Unless authorized to do so in the performance of official duties, employees are prohibited from using Government owned or leased vehicles to transport firearms or explosives.
735-206 Activities with regard to farm organizations.
(a) Department employees shall refrain from participating actively in meetings and in other activities concerned with the establishment of general or specialized farm organizations, or with recruiting members for existing organizations such as the National Grange, the American Farm Bureau Federation, the National Farmers Organization, the Farmers Union, the National Association of Conservation Districts, the National Rural Electric Cooperative Association, the National Council of Farmer Cooperatives, and Breed and Commodity Organizations. Department policy is to deal fairly and on the same basis with all such organizations. As a continuation of that policy, Department employees shall not, with respect to any general or specialized farm organization:
(1) Hold any functional office, including financial or business agent, in the organization;
(2) Advocate that the organization is better adapted for carrying out the work of this Department than any individual citizen, group of citizens, or organizations;
(3) Advocate that the responsibilities of any Agency of the Department or any other Federal agency should be carried out through the organization; or
(4) Advocate or recommend that any State or local agency should carry out its responsibilities through the organization.
(b) The restrictions set forth in paragraph (a) of this section do not:
(1) Apply to members of County Committees of the Department;
(2) Apply to organizations such as cow testing associations and similar groups; or
(3) Prohibit employees from participating in the organization of groups that are needed in carrying out Federally authorized programs, for example, a National Rural Electric Cooperative Association or similar group determined by the appropriate agency head to be essential in effectuating Federally authorized programs.
735-207 Prohibitions on employees serving abroad.
An employee on foreign assignment may not:
(a) Violate Department of State regulations governing the post to which he or she is assigned;
(b) Receive a "profit" from the sale of his or her personal car or other property when such "profit" accrues from import privileges granted him or her by reason of his or her official status. "Profit" for the purposes of this paragraph is as defined in the Department of State regulations or directives governing the post of assignment;
(c) Engage in political activities in the country of assignment;
(d) Violate the laws of the country in which he or she is assigned;
(e) Have an interest in any business enterprise or engage in any profession in any country to which assigned; or
(f) Speculate in real estate, bonds, stocks or shares (or the equivalent), or currencies of a country to which the employee is assigned or a country for which the employee is responsible.
735-208 Miscellaneous provisions.
(a) Any money, property, or other thing of value received by or coming into custody of an employee in connection with the discharge of his or her duties must be accounted for, deposited, or otherwise disposed of in accordance with established procedures.
(b) Employees are required under Section 5.3 of Civil Service Rule V (5 CFR 5.3) to give the Office of Personnel Management (OPM) and its authorized representatives all information and testimony in regard to matters arising under laws, rules, and regulations administered by OPM;
(c) Employees are obligated to give information they possess to authorized representatives of the Department or Mission Area or Agency when called upon, if the inquiry relates to official matters and the information is obtained in the course of employment or as a result of relationships incident to such employment. This shall include the furnishing of a signed, sworn/affirmed statement. Failure to respond to requests for information or to appear as a witness in an official proceeding may result in consideration of disciplinary action. (Nothing herein shall be deemed to infringe upon an employee's right to invoke the protection of the Fifth Amendment to the Constitution with respect to self-incrimination in a criminal investigation.)
(d) Mission Area and Agency officials have the authority to transfer, detail, and reassign employees whenever necessary to meet operational needs. Employees have an obligation to accept transfers, details and changes in assignment. Failure to accept a transfer, detail, or reassignment may result in the separation of the employee.
(e) Employees shall not purchase products or receive services directly or indirectly from persons, firms, or establishments for which employees conduct inspection, grading, or similar regulatory activities without express approval. Each Agency shall establish the approval level and shall advise each employee. Agencies shall utilize the following criteria in granting such approvals:
(1) Proximity of the employee to other retail outlets;
(2) The number of retail outlets in the commuting area;
(3) Whether the outlet is a sole source;
(4) Whether the firm is selling the item or service at the prevailing price to the general public as well as the employee; and
(5) Whether the outlet is open to the general public.
Unless employees have specific authorization, they are prohibited from accessing any Department or Federal Government electronic, laser, or magnetic system of storing information, or computer software, not expressly identified for public or general access. This prohibition includes, but is not limited to, computers of all types, floppy diskettes, compact or laser disks, and magnetic tapes. Employees are subject to discipline or adverse action regardless of whether they use, damage, or make alterations to, the stored information.
735-210 Retaliation and reprisal.
No employee may retaliate against another, by word or action: for filing complaints about safety problems; for filing grievances under either the negotiated or administrative grievance systems; for filing complaints of discrimination; for assisting the investigators of the Department, Mission Areas, or Agencies; or for engaging in any other protected activity.
Each employee of the Department is required to report actions by other employees that he or she knows, or has a reasonable basis to believe, are violations of law or regulation. A report must be made to any appropriate office or official. Violations include, but are not limited to:
(a) Fraud, waste, and abuse of Government resources;
(b) Criminal activity of any kind;
(c) Violations of Federal personnel rules;
(d) Sexual harassment; and
(e) Prohibited personnel practices.
735-212 Miscellaneous statutory provisions.
(a) The attention of each employee is directed to the following statutory provisions:
(1) The prohibition against any inspector, deputy inspector, chief inspector, or other officer or employee of the Department authorized to perform any of the duties prescribed by Title 21 United States Code, Chapter 12 ("Meat Inspection"), Subchapter I ("Inspection Requirements; Adulteration and Misbranding"), accepting any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or receiving or accepting from any person, firm, or corporation engaged in commerce any gift, money, or other thing of value, given with any purpose or intent whatsoever (violations are felonies to be punished, upon conviction, by summary discharge from office, by fine of not less than $ 1, 000 nor more than $ 10, 000, and by imprisonment for not less than one year nor more than three years) (12 U.S.C. 622). In accordance with a memorandum of understanding between the Secretary of Agriculture and the Attorney General, the following circumstances either have no prosecutive merit and are not required to be reported to the Department of Justice or do not constitute acceptance of a thing of value:
(i) An exchange of social gifts in an obvious family or personal relationship (such as those between the employee and parents, spouse, children or close personal friends of the employee) when the circumstances make it clear that it is those relationships rather than the business of the other party which are the motivating factors;
(ii) Acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as automobile and home mortgage loans;
(iii) Acceptance of unsolicited advertising or promotional material of clearly trivial value, such as: pens, pencils, note pads, calendars, and other things of nominal value (acceptance of gifts, such as meat products, alcoholic beverages, fruit baskets, boxes of candy, wallets, jewelry, and cufflinks is, however, strictly prohibited);
(iv) Exchange of customary social courtesies which are wholly free of any embarrassing or improper implications, and which are of trivial value (e.g., a soft drink or cup of coffee); and
(v) Acceptance of food and refreshments of nominal value on infrequent occasions when the interest of the Government is served by participation of Department employees in industry-sponsored activities at which a luncheon or dinner may be served, and where the discussion of matters of mutual interest to the Government and industry will take place.
(2) The prohibition against a person licensed or authorized to perform any official function under the U.S. Grain Standards Act, or employed by the Department to carry out the provisions of the Grain Standards Act, being financially or otherwise interested in an entity owning or operating a grain elevator or warehouse or engaging in the merchandising of grain, or being employed by or accepting gratuities from any such entity (7 U.S.C. 87(a)).
(3) The prohibition against the unauthorized release of information, as specified in the Packers and Stockyards Act (7 U.S.C. 222).
(4) The prohibition against the release of information in an employee's possession concerning cotton standards, estimates, tests, and analysis unless authorized by the Secretary (7 U.S.C. 472).
(5) The prohibitions against the release of information acquired from parties to any marketing agreement and from handlers subject to marketing agreement orders, except as authorized by the Secretary for the purposes of suit or administrative hearings (7 U.S.C. 608d(2)).
(6) The prohibition against persons administering activities concerned with cotton option contracts and commodity benefits as provided by the Agricultural Adjustment Act, speculating in agricultural commodities or products to which such contracts or benefits apply, or in contracts relating thereto, or in the stock or membership interests of any association or corporation handling such commodities or products (7 U.S.C. 610(g)).
(7) Limitations on the use or availability of information furnished in connection with marketing agreements and orders (7 U.S.C. 610(i)).
(8) Restrictions on the availability of information furnished in connection with marketing agreements and orders, and applicable to marketing agreements for anti-hog-cholera serum and hog-cholera virus (7 U.S.C. 855).
(9) Restrictions on the use and publication of information furnished in connection with the collection of peanut statistics (7 U.S.C. 955).
(10) Restrictions on the disclosure of information furnished in connection with tile establishment and adjustment of farm marketing quotas except as authorized by the Secretary for the purpose of suit or administrative hearing (7 U.S.C. 1373(c)).
(11) The prohibition against an officer or employee being the beneficiary of or receiving any fee, commission, or gift for or in connection with any transaction or business under the Consolidated Farm and Rural Development Act other than such salary, fee, or compensation as he or she may receive as an officer or employee. In addition, members of a County Committee are prohibited from making any certification with respect to a loan to purchase any land in which they or any person related to them have any financial interest (7 U.S.C. 1986).
(12) The prohibition against unauthorized release of information relating to the production and marketing of cotton (7 U.S.C. 2105(c)).
(13) The prohibition against unauthorized release of information relating to plant variety protection (7 U.S.C. 2426).
(14) The prohibition against unauthorized release of information relating to the production and marketing of eggs (7 U.S.C. 2706(c)).
(15) The prohibition against the unauthorized prediction as to cotton prices in a Governmental publication (12 U.S.C. 1141j(d)).
(16) The prohibition against the making of false statements in connection with activities of the Commodity Credit Corporation or embezzlement or conversion of anything of value belonging or pledged to the Corporation, or conspiring to commit such acts (15 U.S.C. 714m).
(17) The prohibition against the acceptance of any fee, gift, or other consideration for compromise, adjustment, or cancellation of farm indebtedness (18 U.S.C. 217).
(18) The prohibition against embezzlement of the money or property of the Federal Crop Insurance Corporation, the Rural Development Administration, or the Farmers Home Administration, and of pledged or intrusted property (18 U.S.C. 657).
(19) The prohibition against the conversion of property mortgaged or pledged to the Farmers Home Administration, the Rural Development Administration, or the Federal Crop Insurance Corporation with intent to defraud (18 U.S.C. 658).
(20) The prohibition against making, with intent to defraud, false entries or in participating in any benefit through any transaction in connection with Departmental activities concerned with agricultural loans (18 U.S.C. 1006).
(21) The prohibition against making false statements or reports, or of willfully overvaluing land, property, or security to influence action in connection with agricultural loans (18 U.S.C. 1014).
(22) The prohibition against willful disclosure of official information which might influence or affect the market value of crops prior to authorized publication. An employee acquiring, by reason of his or her employment, information as to the market value of agricultural crops, which information is required to be withheld, is prohibited from speculating in such product (18 U.S.C. 1902).
(23) The prohibition against speculating in agricultural commodities to which the Federal Crop Insurance Act applies or in contracts relating to those commodities, or in the stock or membership interests of corporations or associations handling those commodities, by any person administering the Act (18 U.S.C. 1903).
(24) The prohibition against the compilation or issuance of false crop reports (18 U.S.C. 2072).
(25) The prohibition against any person using information to his or her own advantage or improperly revealing information concerning trade secrets acquired under the Poultry Inspection Act (21 U.S.C. 458).
(26) The prohibition against the use of information obtained in the course of employment to speculate or to aid another in speculating on any commodity exchange (50 U.S.C. App. 2160(f)).
(27) The prohibition against the knowing possession or the causing to be present of firearms or other dangerous weapons in a Federal facility (a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties) and a Federal court facility (18 U.S.C. 930).
(28) The prohibition against willfully using or authorizing the use of a passenger motor vehicle or aircraft owned or leased by the United States Government for other than an official purpose, with mandatory penalty of suspension for at least one month, and when circumstances warrant, for a longer period or summary removal from office (31 U.S.C. 1349(b)).
(29) The prohibition against any employee who has authority to take, direct others to take, recommend, or approve any personnel action:
(i) Discriminating on the basis of race, color, religion, sex, age, national origin, handicapping condition, marital status, or political affiliation;
(ii) Soliciting or considering employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics;
(iii) Coercing the political activity of any person;
(iv) Deceiving or willfully obstructing any person from competing for employment;
(v) Influencing any person to withdraw from job competition for the purpose of improving or injuring the prospects of any other person for employment;
(vi) Granting any preference or advantage not authorized by law, rule, or regulation to improve or injure the prospects of any particular person for employment;
(vii) Engaging in nepotism (hiring, promoting, or advancing relatives);
(viii) Taking reprisal for whistleblowing;
(ix) Taking reprisal for the exercise of an appeal right;
(x) Discriminating based on personal conduct which is not adverse to the performance of the employee, applicant or others; or
(xi) Violating any law, rule or regulation implementing or directly concerning merit system principles (5 U.S.C. 2302(b)).
(b) Other statutes applicable to employees are listed by the Office of Government Ethics in the "Standards of Ethical Conduct for Employees of the Executive Branch" at 5 CFR 2635.902.
