OPM has finalized a rule that expands the agency’s authority to remove federal employees governmentwide for certain suitability and conduct issues—shifting key decision-making from individual agencies to OPM and narrowing appeal options for many affected workers, according to GovExec — Workforce.
- What changed: The final rule centralizes OPM authority to initiate and direct removals tied to suitability determinations and certain conduct-based issues that overlap with suitability, GovExec — Workforce reported.
- Who it affects: Federal employees whose cases fall under OPM-led suitability actions—including some in positions designated as moderate or high risk—could face removal decisions driven by OPM rather than their employing agency, according to the report.
- Appeals impact: The rule limits avenues for appeal for many employees removed under these authorities, including restricting access in some cases to the Merit Systems Protection Board (MSPB) processes typically used for adverse actions, GovExec — Workforce reported.
- Agency HR implications: Agencies may need to adjust internal HR and employee relations procedures to account for OPM’s expanded role and the distinct rules governing suitability actions versus traditional adverse actions, according to GovExec — Workforce.
- Due process concerns raised: The changes have prompted concerns about due process protections and how employees can challenge removals when OPM is the deciding authority, GovExec — Workforce reported.
- Operational effect: By consolidating authority at OPM, the rule is designed to create more uniformity in how suitability-related removals are handled across government, but it also changes the balance of discretion between agencies and OPM, according to the report.
Brief context: Suitability actions are a separate legal pathway from standard adverse actions (like removals for misconduct or performance) and have historically been used for issues tied to an employee’s fitness for federal service—such as integrity concerns or other factors relevant to risk and trust. GovExec — Workforce reported that OPM’s final regulations broaden the circumstances where OPM can act directly, and reduce the number of cases where employees can seek review through the MSPB framework commonly associated with adverse actions.
For employees and supervisors, the practical takeaway is that removals framed as suitability or suitability-linked conduct matters may proceed under a different process than typical discipline cases—potentially changing timelines, notice requirements, and the forum available to contest the action. Employees facing proposed removal actions should review their agency’s updated guidance and consult their HR office or counsel about which process applies.
Source: GovExec — Workforce