The Office of Personnel Management (OPM) recently finalized one rule and proposed two more that will dismantle policies intended to maintain a nonpartisan civil service and protect federal workers from political upheaval. The finalized rule allows the Trump administration to reclassify tens of thousands of federal workers as “at-will” employees, making it easier to fire and replace them with political appointees. With the two proposed rules, OPM is seeking to take over certain aspects of the appeals process for federal employees who have lost their jobs or faced other adverse actions. These are currently handled by an independent agency. Public comments are currently being accepted for these proposals.
‘Schedule F’ Rule Finalized
Last summer, the administration revived its ‘Schedule F’ plan from the first Trump presidency (see previous FABBS articles for details). As noted, this plan would reclassify nearly 50,000 federal workers (about 2 percent of the federal workforce) as at-will employees rather than civil servants, removing protections that prevent them from being fired at any time for any reason. At the release of the initial proposal, critics warned that the rule would allow the administration to fire any federal workers the administration deemed ‘disloyal’.
As required by law, OPM solicited public comments on the new rule. FABBS was one of 40,000 to respond (see summary of our comments here), with approximately 94 percent opposing the rule. Despite this overwhelming opposition, the final rule reflects minimal difference from the rule proposed last year. Rather than address concerns presented by the public, the federal register post includes several footnotes directly arguing with specific comments and defending the rule as originally proposed.
The apparent dismissal of the public’s concerns might pave the way for lawsuits challenging the rule’s legality. Indeed, federal employee unions — including the American Federation of Government Employees (AFGE) — have already signaled that they will challenge the rule in court.
Impeding Appeals Processes
In February, OPM also proposed two new rules that would allow it to take control of key aspects of the appeals process that allows federal employees to challenge dismissals, suspensions, and demotions. As of now, federal workers can appeal such decisions to the Merit Systems Protection Board (MSPB), an independent agency established to protect the federal employees from non-merit-based adverse actions (e.g., being fired for political beliefs). The proposed rules would shift power from the MSPB to OPM in two key appeal areas, furthering the administration’s attempts to shape the civil service into a partisan workforce loyal to Trump.
Suitability Action Appeals
The first proposed rule, published February 6, concerns “suitability action appeals,” which can take place when the federal government determines that an employee or potential employee is not suitable for federal employment. An employee or applicant may be deemed not suitable based on misconduct, negligence, or criminal conduct, for example, but has the option to appeal subsequent adverse decisions in certain circumstances.
OPM plans to establish a new unit that would handle suitability appeals rather than the MSPB, claiming that the shift would improve the efficiency, rigor, and timeliness of the appeals process. However, critics are concerned this might allow OPM to include political alignment as a suitability consideration, especially if the Schedule F plan is implemented. Further, they have warned that, unlike the MSPB, OPM is not an unbiased arbiter.
OPM is accepting public comments on this proposed rule through March 9, which can be submitted here. Over 150 comments had been submitted at the time of publication.
Reduction in Force Appeals
The second rule, published February 10, concerns appeals related to reductions in force (RIFs), in which jobs are eliminated rather than specific employees. Since taking office in January 2025, the Trump administration has initiated a number of RIFs across the federal government — including at the Department of Health and Human Services (HHS) (see FABBS article). Employee unions and other plaintiffs have fought back, however, via appeals and lawsuits.
As with the rule regarding suitability appeals, this rule would move the RIF appeals process from the MSPB to OPM’s Merit System Accountability and Compliance (MSAC) office. Once again, OPM claims the change will improve efficiency and reduce costs but critics are wary of a potentially biased office taking control of what is supposed to be an independent, unbiased process.
The public can submit comments on this rule through March 12. As of publication, over 300 comments have already been received. FABBS will continue to monitor the finalized Schedule F rule and the two new proposals, as well as their impact on our sciences.
