Civil Service FAQ FREE Workplace Rights and Protections Questions and Answers 2 — Questions and Answers
Question 1: Under the Civil Service Reform Act, which federal agency is primarily responsible for investigating prohibited personnel practices?
- Office of Special Counsel (OSC) (Correct answer)
- Equal Employment Opportunity Commission (EEOC)
- Office of Personnel Management (OPM)
- Merit Systems Protection Board (MSPB)
Correct answer: Office of Special Counsel (OSC)
The Office of Special Counsel (OSC) is the independent federal agency charged with investigating and prosecuting prohibited personnel practices and protecting federal whistleblowers.
Question 2: A federal employee believes they were passed over for promotion due to their political affiliation. Under civil service law, this is best classified as a:
- Grievable personnel action
- Prohibited personnel practice (Correct answer)
- Performance-based adverse action
- Non-appealable management decision
Correct answer: Prohibited personnel practice
Using political affiliation as a basis for employment decisions is explicitly listed as a prohibited personnel practice under 5 U.S.C. § 2302.
Question 3: Which standard of proof must the government meet to take a performance-based adverse action against a federal employee?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence
- Substantial evidence (Correct answer)
Correct answer: Substantial evidence
For performance-based adverse actions (e.g., removal for unacceptable performance), the agency must support its decision with substantial evidence, a lower threshold than preponderance.
Question 4: A civil service employee on approved FMLA leave is told their position has been eliminated upon return. Under federal law, the employee is generally entitled to:
- Severance pay only
- Restoration to the same or equivalent position (Correct answer)
- A voluntary separation incentive payment
- Reassignment to any available position at the agency's discretion
Correct answer: Restoration to the same or equivalent position
The Family and Medical Leave Act requires covered employers to restore eligible employees to the same or an equivalent position upon return from qualifying leave.
Question 5: What is the maximum number of days a federal agency typically has to respond to an Equal Employment Opportunity (EEO) informal complaint before the employee may request a formal complaint?
- 15 days
- 30 days
- 45 days (Correct answer)
- 90 days
Correct answer: 45 days
Under EEOC regulations (29 C.F.R. § 1614), an agency EEO counselor generally has 30 days to conduct informal counseling, extendable to 90 days, but the standard initial period before a notice of right to file is 45 days from the discriminatory event.
Question 6: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a civil servant returning from military deployment of more than 90 days must generally be reemployed within how many days of submitting their reemployment application?
- 14 days
- 30 days (Correct answer)
- 45 days
- 90 days
Correct answer: 30 days
USERRA requires employers to reemploy returning service members within 14 days for deployments of 30–180 days and within 90 days for deployments over 180 days; for deployments of 31–180 days specifically, reemployment must occur within 14 days.
