The Trump administration announced a final rule creating a new category of federal workers who would have fewer job protections and be easier to fire. The new rule implements an Executive Order from 2025 that could diminish or eliminate venerated due process protections for 50,000 employees at federal agencies. The creation of the new category was expected as President Trump seeks to create a civil service more responsive to his political goals.
Final Rule Creates New Category
The final rule from the Office of Personnel Management (OPM) creates the Schedule Policy/Career category for “career positions of a confidential, policy-determining, policy-making or policy advocating character.” These positions don’t normally change with administrations.
Under the new rule, workers in the new schedule will be at-will employees without access to the appeals process other federal workers have for adverse actions taken against them. The OPM said the rule will make the federal workforce more accountable by making it easier for agencies to fire workers “who engage in misconduct, perform poorly or obstruct the democratic process by intentionally subverting presidential directives.”
Due Process Rights Diminished, White House in Direct Control
In a February 5 memo to agency heads, the OPM said the rule prohibits agencies from requiring workers to “pledge personal or political loyalty to the president” or to use the new category to conduct layoffs outside of the regular process. Further, workers in the new category will still go through merit-based hiring processes and have whistleblower, discrimination, and retaliation protections—however, agencies can suspend, demote, or fire them without going through a disciplinary process that applies to workers in other categories.
Schedule Policy/Career won’t take effect for at least 30 days, and it isn’t yet clear precisely which positions will be reclassified. Over the next month, agencies are to compile lists of positions they intend to move into Schedule Policy/Career for the White House’s review. The president, rather than the OPM, will decide which positions get reclassified.
The rule is modeled after another policy the president launched late in his first administration known as Schedule F, which was quickly challenged in court. Federal worker advocates have raised concerns that the policy will undermine a merit-based civil service system and allow workers to be fired for political reasons.
Challenges Anticipated
A coalition led by the nonprofit public policy organization Democracy Forward is expected to sue the administration over the final rule. It follows an initial lawsuit against Trump’s day-one Executive Order calling for the creation of Schedule Policy/Career.
Democratic lawmakers including Senator Chris Van Hollen (D-Md.) vowed to push back against the administration’s efforts. The senator is also a co-sponsor on the Saving the Civil Service Act, a bill attempting to permanently secure federal job protections.