5 C.F.R. § 720.901

Equal opportunity without regard to politics or marital status

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(a) In appointments and position changes. In determining the merit and fitness of a person for competitive appointment or appointment by noncompetitive action to a position in the competitive service, an appointing officer shall not discriminate on the basis of the person's political affiliations, except when required by statute, or on the basis of marital status

(b) In adverse actions and assignment actions for supervisory or managerial probationers. An agency may not take an adverse action against an employee covered by part 752 of this chapter, nor assign a probationer to another position pursuant to § 315.907 of this chapter:

(1) For political reasons, except when required by statute, or

(2) Because of marital status.

[44 FR 48149, Aug. 17, 1979, as amended at 90 FR 26730, June 24, 2025]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1990–2023 · leading case: Attorney Grievance Comm'n v. Floyd, 929 A.2d 61 (Md. 2007).
Attorney Grievance Comm'n v. Floyd, 929 A.2d 61 (Md. 2007). · cites it 3× “The sole question before us therefore, is whether Respondent, in proffering a letter from her husband, who did not share the same surname, in support of an increase in salary from that which she had been offered by the Commission, engaged in “conduct involving dishonesty, fraud,…”
Charles R. RYON, Sr., Plaintiff-Appellant, v. Colonel Peter J. O’NEILL, Et Al., Defendants-Appellees, 894 F.2d 199 (6th Cir. 1990). · cites it 2× “§ 2302 (b) (1978), and accompanying regulations, 5 C.F.R. § 720.901 (a) (1979), under the Administrative Procedure Act (APA), 5 U.”
Mervat Soto v. Dep't of Health & Human Servs. (MSPB 2023). “5 C.F.R. § 720.901 (b). 8 decision, we agree with the administrative judge that the appellant has not proven this claim.”
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