Federal Rule Allows President to Reclassify Employees into "At-Will" Status

A new federal rule, effective March 9, allows the president to reclassify certain federal employees into an "at-will" status, making it easier to remove them from their positions. This final rule was issued by the Office of Personnel Management (OPM).

Background

In October 2020, a plan was introduced to expand the president's ability to dismiss federal civil servants. The current civil service system is designed to be apolitical and provide continuity across administrations.

Key Provisions of the Rule

The rule, titled "Improving Performance, Accountability and Responsiveness in the Civil Service," enables the president to move federal employees in "policy-influencing" roles into a new category called Schedule Policy/Career.

OPM had previously estimated that approximately 50,000 positions could be reclassified under this change. While federal agencies will suggest positions, the president will make the final determination on reclassification.

Public Comment and Administration Stance

OPM received over 40,000 public comments during the comment period, with 94% opposing the rule. The administration attributed much of this opposition to misunderstandings of existing laws and the rule's intentions.

The Trump administration has stated that the rule is necessary to enhance bureaucracy efficiency and accountability. They cite the difficulty of dismissing poor performers and instances of federal employees obstructing directives.

Criticisms and Concerns

Critics argue that the rule could politicize the civil service, allowing the president to replace expert career federal employees with political supporters.

Max Stier, president of the nonpartisan Partnership for Public Service, stated that government improvements are needed, but politicizing the civil service by removing employees who prioritize law and public service for blind loyalty is not.

He noted that the U.S. already has a higher number of political appointees (around 4,000) than other democracies. It remains undefined which specific positions or how many will ultimately be reclassified. The rule applies to "policy-influencing positions," including supervisors of such roles.

Employee Protections

OPM asserts that most employees appointed under Schedule Policy/Career will retain protection from prohibited personnel practices, including retaliation for whistleblowing. However, they will lose the ability to file complaints with the Merit Systems Protection Board.

While reclassified employees could theoretically file discrimination complaints with the Equal Employment Opportunity Commission, the rule notes the president is not subject to federal employment anti-discrimination laws.

Legal Challenges

The rule is currently facing multiple lawsuits, including one filed by Democracy Forward.

Skye Perryman, the group's president and CEO, described the rule as a deliberate attempt to circumvent legal restrictions and allow for the politically motivated firing of public servants.

She stated the organization has successfully challenged similar actions in the past.