The charge of Engaging in a Prohibited Relationship is similar to the Conflict of Interesting charge. Generally, this charge concerns a consensual involvement between an employee and another.
In order to establish this charge, the federal agency must prove that: (1) the employee had a relationship with a person in his or her care or with a person in a fiduciary relationship; and (2)the relationship violated agency regulations, policies, or procedures, including a failure to gain an exception, if permissible.
Key defenses to this charge center around whether the federal employee was on notice of any prohibited conduct, whether the conduct alleged has been proven, and whether the conduct is prohibited by agency regulations. Therefore, it is very important to review the Federal Agency’s policy to be sure whether the conduct is addressed and appropriate. While notice is not usually required for relationships that are apparently improper, in more ambiguous cases, the agency may be required to prove that notice was given.
The federal employment attorneys at Melville Johnson, P.C., have years of expertise on federal sector employment matters such and these, and are well qualified to assist you with your legal needs. Contact us today at 404 724 0000!
 Reynoldsv. VA,75 M.S.P.R. 509 (1997).