OPM Overhauls Suitability Rules, Giving Agencies New Removal Authority
The Office of Personnel Management (OPM) finalized a major overhaul of federal suitability rules that expands agencies' authority to remove current employees for suitability-related conduct.
Under a final rule published in the Federal Register, OPM is giving agencies broader authority to remove employees for suitability-related issues. It will allow agencies to determine whether current employees are “fit” for federal service, subjecting current feds to the suitability test that applies to prospective job candidates.
“For too long, the federal government has had stronger tools to prevent someone with serious misconduct from entering public service than to address the same misconduct once that individual is already employed,” said OPM Director Scott Kupor. “This rule closes that gap, strengthens accountability, and helps ensure the federal workforce continues to earn the trust of the American people.”
OPM said the rule makes the suitability and fitness process more efficient and rigorous and will ensure consistent application of suitability actions and merit systems principles.
The rule also expands the types of conduct that may support a suitability determination, including:
· failing to timely file tax returns;
· refusing to sign or violating a required non-disclosure agreement (NDA);
· theft or misuse of government resources.
The rule follows a 2025 memo from President Trump directing OPM to create a process for addressing certain post-appointment conduct outside the traditional Chapter 75 adverse action procedures.
Chapter 75 addresses post-appointment misconduct and includes merit systems protections.
In a separate rule, OPM has proposed taking over appeals of suitability determinations from the Merit Systems Protection Board (MSPB). That rule is pending.
Critics Speak Out Against Wave of Changes
Critics say the series of moves – such as requiring an NDA and the suitability changes– all amount to one thing: making it easier to remove federal employees.
“When you put the determinations of what those interpretations are into the hands of the political head of an agency, our concern is that it makes it easier to politicize the removal of federal employees . . . It really centralizes everything under OPM in a way that hasn’t been done before,” said Partnership for Public Service Vice President of Policy and Stakeholder Engagement Jenny Mattingly to GovExec.
