The Douglas Factors

Jennifer Duke

February 25, 2016

The Douglas Factors get their name from the Merit Systems Protection Board case, Curtis Douglas v. Veterans Administration, during which the Board outlined a list of factors which should be considered when disciplining employees.

The Douglas Factors include:

The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated
The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position
The employee's past disciplinary record
The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability
The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisor's confidence in the employee's ability to perform assigned duties
Consistency of the penalty with those imposed upon other employees for the same or similar offenses
Consistency of the penalty with any applicable agency table of penalties
The notoriety of the offense or its impact upon the reputation of the agency
The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question
Potential for the employee's rehabilitation
Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and
The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

Depending on the situation, some of these factors may not apply, however an Agency is required to consider each of the Douglas Factors when determining a penalty for an employee.

If you are facing discipline from your employing agency, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Call or message us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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