The Office of Personnel Management has proposed three significant changes to the process agencies use to remove federal employees, drawing sharp reactions from unions, former federal officials, and employment attorneys who say the changes would weaken civil service protections that have been in place for decades.
The proposals were outlined in a Federal Register notice and accompanied by a blog post from OPM Director Scott Kupor, who framed the changes as necessary to make it easier for managers to address poor performance and misconduct.
The Three Proposed Changes
The first proposal would require agencies to provide managers with annual training on how to address performance and conduct issues, up from the current requirement of once every three years.
The second would cap performance improvement plans at 30 days and eliminate the informal pre-PIP process many agencies currently use before initiating a formal PIP. Critics argue 30 days is insufficient time for many employees to demonstrate meaningful improvement, particularly in complex or technical roles.
The third and most consequential change would replace the Douglas factors, the 12-part test MSPB adjudicators have used for more than 45 years to evaluate whether a proposed personnel action is appropriate, with a broader “totality of circumstances” standard. The Douglas factors include considerations such as the seriousness of the offense, the employee’s past record, potential for rehabilitation, and consistency of the penalty with how similarly situated employees have been treated. Critics argue replacing this established framework with a more subjective standard would make it significantly harder for employees to challenge adverse actions.
What Critics Are Saying
Former MSPB officials and federal employment attorneys have raised concerns that the proposals together would reduce meaningful oversight of agency disciplinary decisions. The American Federation of Government Employees has signaled strong opposition, arguing the changes are part of a broader effort to remove career civil servants without adequate due process.
The timing is also notable. The proposals come as the Federal Circuit Court of Appeals prepares to hear a major case that could reshape appeal rights for a broader range of federal employees.
What Happens Next
The proposals are open for public comment for 30 days from publication in the Federal Register. Federal employees and other stakeholders can submit comments through regulations.gov before the deadline.
Whether or not the proposals are finalized in their current form, they signal the direction OPM is heading on workforce accountability and the tensions that direction is creating within the civil service.
A Federal Retirement Consultant (FRC®) can help federal employees understand how changes to workplace policies and protections may affect their retirement and separation options. No cost. No obligation.
