5 C.F.R. § 302.203
Standard and criteria for determining fitness for employment in an Excepted Service position
(a) The minimum standard and criteria for determining fitness for employment based on character and conduct are prescribed in part 731, subpart B, of this chapter.
(b) Agencies may prescribe additional factors to protect the integrity and promote the efficiency of the service when job-related and consistent with business necessity.
Notes of Decisions
Cited in 2
cases, 1982–1983 · leading case: John Raicovich v. United States Postal Serv., 675 F.2d 417 (D.C. Cir. 1982).
John Raicovich v. United States Postal Serv., 675 F.2d 417 (D.C. Cir. 1982). “The government points to this provision as a disqualifying factor, promulgated pursuant to 5 C.F.R. § 302.203 . However, this provision of the Handbook applies only to routine applications for employment.”
Termination of an Assistant United States Attorney on Grounds Related to His Acknowledged Homosexuality (OLC 1983). “immoral o r notoriously disgraceful conduct,” 5 C.F.R. § 302.203 , the courts have held that neither the status of being a homosexual nor homosexual conduct which does not adversely affect job performance falls within this provision.”
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