A new report from the Congressional Research Service (CRS) indicates that President Trump’s recent executive order creating the Schedule Policy/Career category could affect a larger number of federal employees than the previous Schedule F, while also facing potential legal challenges.
Issued as one of his first actions after returning to office, the order expands on his 2020 directive, which was largely unimplemented before being revoked, by including not only policy-related roles but also positions that supervise these roles and any others the Office of Personnel Management (OPM) considers suitable. This expansion could significantly broaden the range of impacted positions.
The CRS report highlights that, although there’s no estimate yet of how many jobs might be affected, the original Schedule F was projected to impact around 50,000 positions. Union leaders, however, argued that the actual number could have been much higher depending on how agencies defined qualifying roles.
Legal challenges could emerge on three main grounds: the constitutionality of the order itself, the way OPM or individual agencies implement it, and claims from employees directly harmed by reclassification, such as those who lose their jobs. Both the National Treasury Employees Union (NTEU) and the American Federation of Government Employees (AFGE) have already filed lawsuits raising these concerns.
While a lawsuit was filed against the original Schedule F, it was dropped after the Biden administration revoked the order. The new directive, however, may be less vulnerable to certain legal challenges because it shifts key decision-making authority from OPM to the White House, potentially avoiding issues under the Administrative Procedure Act.
Still, unresolved legal questions remain, particularly regarding whether employees have a legal right to the civil service protections they lose when moved from the competitive service to the excepted service. Schedule Policy/Career also mirrors Schedule F’s approach by excluding reclassified positions from union representation. Although it maintains protections against prohibited personnel practices, such as retaliation against whistleblowers, it’s unclear whether the Office of Special Counsel will continue to oversee these protections, raising concerns about inconsistent enforcement across agencies.
The timeline for implementing the new Schedule Policy/Career suggests conversions could start as early as August. However, legal disputes, challenges to specific reclassifications, or delays tied to changes in OPM rules could push that date further out.With uncertainty ahead for federal employees, being prepared is key. A Federal Retirement Consultant® can offer a complimentary benefits analysis and help create a personalized plan to guide you forward with confidence.
