C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER A—CIVIL SERVICE RULES › PART 4—PROHIBITED PRACTICES (RULE IV)

5 C.F.R. § 4.2

Prohibition against racial, political or religious discrimination

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No person employed in the executive branch of the Federal Government who has authority to take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the competitive service shall make any inquiry concerning the race, political affiliation, or religious beliefs of any such employee, eligible, or applicant. All disclosures concerning such matters shall be ignored, except as to such membership in political parties or organizations as constitutes by law a disqualification for Government employment. No discrimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any employee in the competitive service, or any eligible or applicant for a position in the competitive service because of his race, political affiliation, or religious beliefs, except as may be authorized or required by law.

[28 FR 10024, Sept. 14, 1963]
Notes of Decisions
Cited in 8 cases, 1971–2017 · leading case: George P. McCartin v. Eleanor Holmes Norton, Chairperson, U. S. Equal Emp. Opportunity Comm'n & Edward Mercado, 674 F.2d 1317 (9th Cir. 1982).
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George P. McCartin v. Eleanor Holmes Norton, Chairperson, U. S. Equal Emp. Opportunity Comm'n & Edward Mercado, 674 F.2d 1317 (9th Cir. 1982). · cites it 3× “5 C.F.R. § 4.2 . McCartin filed a timely complaint with the EEOC, alleging denial of promotion because of political influence.”
Natale v. Mastriano v. Fed. Aviation Admin., 714 F.2d 1152 (Fed. Cir. 1983). “The board in Sweeting therefore concluded that “partisan political reasons,” as used in 5 C.F.R. *1156 § 315.”
Clark v. Goode, 499 F.2d 130 (4th Cir. 1974). “215 (1964) ; Executive Order 11246, 3 C.”
Peale v. United States, 325 F. Supp. 193 (N.D. Ill. 1971). “Except as authorized or required by law (no such exception being suggested here), “(n)o discrimination shall be exercised, threatened, or promised * * * against * * * any * * * applicant * * * because of his * * * political affiliation * * * ” 5 C.F.R. § 4.2 . Moreover, “(a)n…”
Special Couns. v. Katherine Coffman, 2017 MSPB 3 (MSPB 2017). · cites it 2× “§ 2302 (b)(1)(E) - Political discrimination in the competitive selection of a second applicant (Applicant B); 5 C.F.R. §§ 4.2 , 7.1, 720.901; (6) violating 5 U.”
Special Couns. v. Katherine Coffman, 2017 MSPB 3 (MSPB 2017). · cites it 2× “§ 2302 (b)(1)(E) - Political discrimination in the competitive selection of a second applicant (Applicant B); 5 C.F.R. §§ 4.2 , 7.1, 720.901; (6) violating 5 U.”
Special Couns. v. Katherine Coffman, 2017 MSPB 3 (MSPB 2017). · cites it 2× “§ 2302 (b)(1)(E) - Political discrimination in the competitive selection of a second applicant (Applicant B); 5 C.F.R. §§ 4.2 , 7.1, 720.901; (6) violating 5 U.”
8 Fair empl.prac.cas. 365, 8 Empl. Prac. Dec. P 9496 Wardell F. Clark v. Captain R. W. Goode, Commanding Officer, U.S. Coast Guard Yard, Curtis Bay, Maryland, 499 F.2d 130 (4th Cir. 1974). “1964-1965 Comp., p. 215 (1964); Executive Order 11246, 3 C.”
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