5 C.F.R. § 300.102

Policy

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This subpart is directed to implementation of the policy that competitive employment practices:

(a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to be filled;

(b) Result in selection from among the best qualified candidates;

(c) Be developed and used without discrimination on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, age (as defined by the Age Discrimination in Employment Act of 1967, as amended), disability, genetic information (including family medical history), marital status, political affiliation, sexual orientation, labor organization affiliation or nonaffiliation, status as a parent, or any other non-merit-based factor, or retaliation for exercising rights with respect to the categories enumerated above, where retaliation rights are available.

(d) Insure to the candidate opportunity for appeal or administrative review, as appropriate.

[40 FR 15379, Apr. 7, 1975, as amended at 79 FR 43922, July 29, 2014]

Notes of Decisions

Cited in 3 cases, 1976–2014 · leading case: U.S. Customs Serv., Region II v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 739 F.2d 829 (2d Cir. 1984).

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U.S. Customs Serv., Region II v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 739 F.2d 829 (2d Cir. 1984). “§ 2301 (b)(1), and that the right of Customs officials to choose personnel for advancement is limited by the rule that such officials may only fill a position from those promotion applicants who are best qualified, 5 C.F.R. § 300.102 . In contradistinction to the FLRA’s holding…”

Elmer L. Hall v. United States Civil Serv. Comm'n Marcillous Stacy v. United States Civil Serv. Comm'n, 533 F.2d 695 (D.C. Cir. 1976). “The Commission’s regulations provide that employment practices must be job-related, 5 C.F.R. §§ 300.102 , 300.103(b) (1975). Aggrieved candidates who claim these requirements have not been complied with are given an administrative remedy.”

Michael A. Nichols v. Dep't of the Navy (MSPB 2014). “, IAF, Tab 5 at 7 (appellant’s argument that the agency’s misapplication of 5 C.F.R. §§ 300.102 and 300.103 demonstrates the agency’s misapplication of a valid OPM requirement).”

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