5 C.F.R. § 731.201
Standard
The standard for a suitability and fitness determination and for a suitability action defined in § 731.203 is that the action will protect the integrity or promote the efficiency of the service.
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1968–2024 · leading case: Clifford L. Norton v. John MacY, 417 F.2d 1161 (D.C. Cir. 1969).
Clifford L. Norton v. John MacY, 417 F.2d 1161 (D.C. Cir. 1969). “5 C.F.R. § 731.201 (b) (1968). . 5 C.F.R.”
Bruce C. Scott v. John W. MacY Jr., Chairman, U.S. Civil Serv. Comm'n, 402 F.2d 644 (D.C. Cir. 1968). “3) Reasons which may disqualify an applicant from competing in examinations are listed in Part 731 of the Commission's regulations (5 CFR 731.201). Among the reasons upon which disqualification may be based are the following: '(b) Criminal, infamous, dishonest, immoral or…”
Maurice M. Larry v. Ray E. Lawler, Leland L. Walton, Jayne B. Spain, Lt. Andolsek, Robert E. Hampton, 605 F.2d 954 (7th Cir. 1978). “Manifestly, the Government has a very substantial interest in assuring a correct determination of an applicant’s suitability for federal employment, and the Commission is charged with the responsibility of assuring that all applicants will “promote the efficiency of the service.”
Richard D. Meehan v. John W. MacY Jr., Chairman, Civil Serv. Comm'n, 392 F.2d 822 (D.C. Cir. 1968). “2(a)(1) (Draft) 17 It is unnecessary to consider whether appellant has been deprived of any right to petition under the First Amendment since, at least to the extent that the target of an employee's petition is Congress, the statutory immunity is, under the facts of this case,…”
Occidental Petroleum Corp. v. Sec. & Exch. Comm'n, 873 F.2d 325 (D.C. Cir. 1989). “The employee sued and the district court held that the government was required to make a specific showing of the plaintiff’s unsuitability for employment in order to justify his discharge. Accordingly, the court remanded the matter to the Commission for further proceedings under…”
Harper v. Blumenthal, 478 F. Supp. 176 (D.D.C. 1979). “Civil Service Commission, Bureau of Personnel Investigations, found that plaintiff did not meet the suitability requirements for employment in the competitive service under 5 C.F.R. § 731.201 . This decision was founded on plaintiff’s alleged misconduct while employed at the…”
Dimas Bonet v. United States Postal Serv., 661 F.2d 1071 (5th Cir. 1981). “5 C.F.R. § 731.201 & § 731.202(a). Under these regulations, the Office of Personnel Management, before it can instruct an agency to remove an employee, must determine that such action will promote the efficiency of the service on the basis of: (1) Whether the conduct of the…”
Judy Lavonne Crewe v. United States Off. of Pers. Mgmt., Naci Ctr. for Pers. Investigations, Boyers, Pa., 834 F.2d 140 (8th Cir. 1988). “” 5 C.F.R. § 731.201 . It is this employment criterion, applicable to most federal jobs, which formed the basis of the OPM’s decision not to pursue Crewe’s application for employment.”
Peter J. Finley v. Robert E. Hampton, 473 F.2d 180 (D.C. Cir. 1972). “10450, § 8(a) (1) (iii), apparently contemplates security disqualification on the basis of “Any criminal, infamous, dishonest, immoral or notoriously disgraceful conduct or sexual perversion.”
Glenn D. Parsons v. United States Dep't of the Air Force, 707 F.2d 1406 (D.C. Cir. 1983). “5 C.F.R. §§ 731.201 , 731.202(a) (1983). 6 .”
D.E. v. Dep't of the Navy, MSPB, 721 F.2d 1165 (9th Cir. 1983). “…disqualification include criminal, infamous, and notoriously disgraceful conduct. 5 C.F.R. § 731.202 (1982). See also 5 C.F.R. § 731.201 (1982).”
McDowell v. Goldschmidt, 498 F. Supp. 598 (D. Conn. 1980). “” 5 C.F.R. § 731.201 (b) (1974). 22 *604 The decision that the criminal conduct of McDowell, which was evidenced by his Superior Court conviction, was sufficient cause for his discharge was the FAA’s to make.”
— 5 C.F.R. § 731.201(b) — 3 cases
Clifford L. Norton v. John MacY, 417 F.2d 1161 (D.C. Cir. 1969). “5 C.F.R. § 731.201 (b) (1968). . 5 C.F.R.”
Bruce C. Scott v. John W. MacY Jr., Chairman, U.S. Civil Serv. Comm'n, 402 F.2d 644 (D.C. Cir. 1968). “3) Reasons which may disqualify an applicant from competing in examinations are listed in Part 731 of the Commission's regulations (5 CFR 731.201). Among the reasons upon which disqualification may be based are the following: '(b) Criminal, infamous, dishonest, immoral or…”
Fugate v. LeBaube, 372 F. Supp. 1208 (N.D. Tex. 1974).
— 5 C.F.R. § 731.201(g) — 1 case
Clifford L. Norton v. John MacY, 417 F.2d 1161 (D.C. Cir. 1969). “5 C.F.R. § 731.201 (b) (1968). . 5 C.F.R.”
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