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HR Order 1200.1: Forward (July 7. 2008)

Human Resources Order DOJ 1200.1

  1. Purpose. This order provides mandatory human resources policies of the United States Department of Justice (the Department). It supplements and must be read in combination with the applicable laws and regulations.
  2. Scope. Unless otherwise provided here or in the applicable laws and regulations, the policies contained in this order apply to ALL employees of the Department. Any exception to Department policy in this order must be approved by the Assistant Attorney General for Administration. Where authorized, bureaus may have issued supplemental policies on the topics in this order.
  3. Labor-Management Policy. Each bureau will ensure that it fulfills its responsibilities under the labor-management relations program with respect to provisions of this order.
  4. Hiring Policy. All supervisors, managers or employees engaged in the career hiring process will adhere to merit systems principles (see 5 U.S.C. § 2301(b)) throughout the selection process. Furthermore, such hiring officials will refrain from prohibited personnel practices applicable to the hiring of career employees (see 5 U.S.C. 2302(b)). Hiring officials may not discriminate based on color, race, religion, national origin, politics, marital status, disability, age, sex, sexual orientation, status as a parent, or personal favoritism. As a matter of policy, hiring officials should not seek out information that falls within the categories listed above. To the extent that such information is presented in application materials or is readily identifiable, hiring officials must exercise great care not to use such information as selection criteria. In particular, political affiliation may not be used as a criterion in evaluating candidates, and ideological affiliation or other factors cannot be used as proxies to discriminate on the basis of political affiliation. Illegal discrimination on the basis of political affiliation violates the merit-based principles governing federal employment for career employees, and undermines public confidence in the Department's mission.

    As noted by the Office of the Inspector General and the Office of Professional Responsibility, membership in organizations that are perceived as liberal or conservative can easily be used as a screening device to discriminate on the basis of political affiliation. See An Investigation of Allegations of Politicized Hiring in the Department of Justice Honors Program and Summer Law Intern Program, Special Report by the Office of the Inspector General and Office of Professional Responsibility; page 101, June 24, 2008.
  5. How this Order is Organized.The order is divided into twelve numbered parts and has two appendices. Each part is divided into numbered topical chapters. The page numbers for each chapter begin with the number of the part, followed by the number of the chapter, followed by the number of the page within the chapter. New or revised chapters or pages will be added to the order as the need arises.

    a. Each chapter listed in the Table of Contents provides:

    (1) References - a table of references listing citations for pertinent statutes, Governmentwide and Departmental regulations, guidance, and key terms used;

    (2) Policy - Departmental policy requirements that are mandatory actions not provided in statute or regulation; and

    (3) Other Requirements - where applicable, other requirements, such as documentation and/or reporting requirements.

    b. The order also provides two appendices that are Department policy:

    (1) Dictionary - Appendix I, Human Resources Dictionary, explains the acronyms and key terms used in this order. Where appropriate, each definition provides a reference to the CFR and relevant chapter in this order.

    (2) Delegations Table - Appendix II, Table of Delegations, lists the organizational level authorized to exercise various human resources authorities.

  6. Separate Guidance. The Department’s Human Resources guidance is developed on an on-going basis and is issued separately from this order. (Bureaus may wish to interfile guidance with the order.) In some cases, other agencies (such as OPM) may also have issued guidance. Also, where authorized, individual bureaus may have issued supplemental instructions on the topics in this order.
  7. Cancellation. The orders and policy memoranda listed in the left column of the table below are canceled. They are replaced by chapters in this order listed in the right column.
    Orders and Memoranda Canceled: Replaced By:
    DOJ 1334.1--Temporary Assignment of Employees between the Department, and States, Local Governments, and Institutions of Higher Education--Dec. 6, 1971 Part 1, Chapter 1, Intergovernmental Personnel Act Assignments
    Department Plan for Reemployment of Military and Civilian Retirees Without Loss of Pay or Annuity
    (May 16, 1991)
    Part 1, Chapter 2, Reemployment of Retirees Without Penalty to Meet Exceptional Employment Needs
    DOJ 1308.1--Acceptance of Volunteer Service--Jul. 5, 1979 Part 1, Chapter 3, Student Volunteer Service
    Availability Pay Interim Order
    (Feb. 2, 1995)
    Part 2, Chapter 1, Availability Pay
    DOJ 1530.3A--Highest Previous Rate--June 16, 1982, and memoranda of June 21, 1990, and Aug. 17, 1990, on Special Salary Rate/Highest Previous Rate Part 2, Chapter 2, Highest Previous Rate
    DOJ 1551.1C--Compensatory Time— Jan. 10, 1977, and Jan. 28, 1992, memorandum on Compensatory Time

    *DOJ 1551.5--Fair Labor Standards Act--Sept. 20, 1976

    DOJ 1500.2--Pay for Time Spent on Official Travel--Nov. 29, 1976

    DOJ 1551.3--Overtime and Other Premium Pay--Nov. 15, 1971

    Part 2, Chapter 3, Hourly Compensation for Overtime Work
    *DOJ 1511.6--Position Classification and Employee Placement Plan--
    Apr. 29, 1981
    Part 2, Chapter 4, Position Classification and Employee Placement Plan
    Department Plan for Recruitment and Relocation Bonuses (May 16, 1991); Jul. 20, 1995 memorandum on Changes in Regulations on Recruitment and Relocation Bonuses, and Retention Allowances Part 2, Chapter 5, Recruitment and Relocation Bonuses
    Department Plan for Retention Allowances (May 16, 1991); Jul. 20, 1995 memorandum on Changes in Regulations on Recruitment and Relocation Bonuses, and Retention Allowances; and Jul. 30, 1998, memorandum on Interim Retention Allowance Regulations. Part 2, Chapter 6, Retention Allowances
    DOJ 1752.1A--Discipline and Adverse Actions--Apr. 27, 1981 Part 3, Chapter 1, Discipline and Adverse Actions
    DOJ 1735.1--Procedures for Complying with the Uniform Standards and other Ethics Requirements--Sept. 17, 1992 Part 11, Chapter 1, Procedures for Complying with Ethics Requirements

    *These orders were canceled on Feb. 13, 1996.

Updated August 29, 2014