Common use of Prohibited Personnel Practices Clause in Contracts

Prohibited Personnel Practices. The NRC shall not: 3.4.1 Discriminate for or against any employee or applicant for employment: 3.4.1.1 on the basis of race, color, religion, sex, or national origin, as pro- hibited under Section 717 of the Civil Rights Act of 1964, 3.4.1.2 on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967, 3.4.1.3 on the basis of sex, as prohibited under Section 6(d) of the Fair 3.4.1.4 on the basis of a disabling condition, as prohibited under Section 501 of the Rehabilitation Act of 1973, 3.4.1.5 on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation. 3.4.2 Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of: 3.4.2.1 an evaluation of the work performance, ability, aptitude, or gener- al qualifications of such individual; or 3.4.2.2 an evaluation of the character, loyalty, or suitability of such indi- vidual. 3.4.3 Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as reprisal for the refusal of any person to engage in such political activity. 3.4.4 Deceive or willfully obstruct any person with respect to such person’s right to compete for employment. 3.4.5 Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment. 3.4.6 Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment. 3.4.7 Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, any individual who is a relative (as defined in Section 3110 (a) (3) of 5 U.S.C.) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Section 3110 (a) (2) of 5 U.S.C.) or over which such employee exercises jurisdiction or control as such an official. 3.4.8 Take or fail to take a personnel action with respect to any employee or applicant for employment as a reprisal for: 3.4.8.1 a disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences a vio- lation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specif- ically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or 3.4.8.2 a disclosure to Special Counsel of the Merit Systems Protection Board, or to the Inspector General of the NRC or another employ- ee designated by the head of the NRC to receive such disclo- sures, of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 3.4.9 Take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation. 3.4.10 Discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this subsection shall prohibit the NRC from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, or the District of Columbia, or the United States. 3.4.11 Take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in the Civil Service Reform Act of 1978.

Prohibited Personnel Practices. The NRC (1) In accordance with 5 U.S.C. §2302, any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority: 3.4.1 (a) Discriminate for or against any employee or applicant for employment: 3.4.1.1 (i) on the basis of race, color, religion, sex, or national origin, as pro- hibited prohibited under Section 717 of the Civil Rights Act of 1964,; 3.4.1.2 (ii) on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967,; 3.4.1.3 (iii) on the basis of sex, as prohibited under Section 6(d) of the FairFair Labor Standards Act of 1938; 3.4.1.4 (iv) on the basis of a disabling handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973,; or 3.4.1.5 (v) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation. 3.4.2 (b) Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of: 3.4.2.1 (i) an evaluation of the work performance, ability, aptitude, aptitude or gener- al general qualifications of such individual; or 3.4.2.2 (ii) an evaluation of the character, loyalty, or suitability of such indi- vidualindividual. 3.4.3 (c) Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity. 3.4.4 (d) Deceive or willfully obstruct any person with respect to such person’s right to compete for employment. 3.4.5 (e) Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment. 3.4.6 (f) Grant any preference or advantage not authorized by law, rule, rule or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment. 3.4.7 (g) Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, position any individual who is a relative (as defined in Section 3110 (a) (3) Title 5 of 5 U.S.C.the United States Code) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Section 3110 (a) (2) Title 5 of 5 U.S.C.the United States Code) or over which such employee exercises jurisdiction or control as such an official. 3.4.8 (h) Take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment as a reprisal for: 3.4.8.1 a (i) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences evidences: (a) a vio- lation violation of any law, rule, or regulation, or ; or (b) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specif- ically specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or 3.4.8.2 a (ii) any disclosure to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of the NRC an agency or another employ- ee employee designated by the head of the NRC agency to receive such disclo- suresdisclosures, of information which the employee or applicant reasonably believes evidences evidences: (a) a violation of any law, rule, or regulation; or or (b) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 3.4.9 (i) Take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation. 3.4.10 (j) Discriminate for or against any an employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this subsection Subsection shall prohibit the NRC an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, or of the District of Columbia, or of the United States. 3.4.11 (k) Take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, concerning the merit system systems principles contained in the Civil Service Reform Act of 1978.