Appendix E 

Legal and Regulatory Requirements

Legal and regulatory requirements underlie many Postal Service personnel procedures. Following is an overview of the most notable requirements:

  1. Postal Reorganization Act of 1970 (PRA). Before July 1, 1971, the Civil Service Commission (now the Office of Personnel Management) had responsibility for recruiting and examining applicants for postal employment. Since that date, these activities have been within the authority of the Postal Service.
  2. Veterans’ Preference Act of 1944. The PRA requires the Postal Service to recognize veterans’ preference in the rating, ranking, and selecting of postal applicants. This preference includes:
    1. The opportunity of certain veterans to compete in examinations that are not open to the general public.
    2. The addition of either 5 or 10 points to scores on competitive entrance examinations.
    3. Placement of a veteran with compensable, service–connected disabilities of 10 percent or greater at the top of the ratings list, ahead of all other ratings.
    4. Priority in selection decisions.
    5. Restricted positions from external recruitment sources. See 232.52, Positions Restricted to Applicants Eligible for Veterans’ Preference.
    6. OPM review of the case file for any applicant with compensable, service–connected disability rated at 30 percent or more who is disqualified for failure to meet the medical requirements of the job, or is passed over in favor of a lower ranking nonveteran based on personal unsuitability. See 627.2, Veterans With 30 Percent or More Compensable Disability.
  3. Equal Employment Opportunity Commission (EEOC) Uniform Guidelines on Employment Selection. These guidelines apply to all procedures used in making an employment decision, such as hiring, retention, promotion, transfer, demotion, and dismissal.
  4. Rehabilitation Act of 1973. The law requires federal employers, including the Postal Service, to establish affirmative action plans for the hiring, placement, and advancement of individuals with disabilities, 29 U.S.C. 791(b). The term qualified individual with a disability is defined at 29 CFR 1630.2(m) as an individual with a disability who satisfies the requisite skill, experience, education and other job–related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. The law also prohibits a federal employer from asking an applicant orally or in writing about the applicant’s physical fitness until a bona fide job offer is made.
  5. Prohibition Against Political Recommendations. 39 U.S.C. 1002 prohibits political and certain other recommendations for Postal Service appointments, promotions, assignments, transfers, or designations. Statements relating solely to character and residence are permitted. All other statements are prohibited unless (1) they are requested by the Postal Service and consist solely of evaluations of an individual’s work performance, ability, aptitude, and general qualifications, or (2) they are requested by a government representative investigating the individual’s loyalty, suitability, or character. Anyone who requests, solicits, or accepts a prohibited statement or recommendation is subject to disqualification or disciplinary action, up to and including removal from the Postal Service.
  6. Prohibition Against Appointment or Promotion, or Recommendation of Appointment or Promotion, of a Relative. The Postal Service is subject to the provisions of 5 U.S.C. 3110 (39 U.S.C. 410(b)(1)), 18 U.S.C. 208 (39 U.S.C. 410(b)(2)), and 5 CFR 2635.502 (5 CFR 2635.102), which impose broad restrictions on the employment of relatives by agency officials.
  7. Immigration Reform and Control Act of 1986. This law makes it illegal to hire unauthorized aliens in the United States. Postal policy requires an applicant to be either a citizen of the United States or a permanent resident alien. The law requires employers to verify and document employment eligibility, which is done by the Postal Service after a job offer has been extended. See 55, Eligibility to Work in the Postal Service.
  8. Public Health Service Act. This act added a new section to the United States Code (5 U.S.C. 3328). The act prohibits any man born after December 31, 1959, from being appointed to a position in an executive agency if he is or was required to register with the Selective Service System (SSS) and is not registered, or knowingly and willfully did not register before the requirement terminated or became inapplicable to him. As an excepted agency, the Postal Service is not required to comply with this legislation, but does so voluntarily. See 513.4, Citizenship Policy.
  9. Drug Abuse and Treatment Act of 1972. This act provides, in part, that no person may be denied or deprived of federal civilian employment or a federal professional or other license or right solely on the ground of prior alcohol or drug use. As an excepted agency, the Postal Service is not required to comply with this statute, but does so voluntarily. See 515, Selective Service System Registration Requirement and Exhibit 522, Suitability Factors — Partial List of Reasons for Disqualification.