According to a proposed rule published on June 3, 2025, OPM aims to expand the application of suitability standards to include current employees, ensuring they continue to meet the criteria for federal employment. This would allow OPM to direct agencies to remove employees within five workdays if they no longer meet these standards, with limited appeal rights to the Merit Systems Protection Board.
The proposal stems from a White House memo issued on March 20, 2025, delegating authority to OPM to make final suitability determinations based on post-appointment conduct and requiring new regulations to implement this process. Key reforms that will be implemented by the proposed rule include:
- The rule authorizes OPM to take suitability actions against current employees for misconduct occurring after hiring, applying the same standards used in initial hiring vetting.
- Agencies will have broader authority to flag conduct such as deliberate tax evasion, unauthorized disclosure of sensitive information, and other behavior inconsistent with the public trust.
- The rule allows federal agencies to refer cases to OPM to request a suitability action be taken against an employee for post-appointment conduct.
- The rule resolves a longstanding gap by making it clear that individuals found unsuitable may be removed for post-appointment conduct.
In a press release issued June 2, 2025, Acting Director Chuck Ezell stated, “For too long, agencies have faced red tape when trying to remove employees who break the publicʼs trust. This proposed rule ensures misconduct is met with consequence and reinforces that public service is a privilege, not a right.” The current administration believes these reforms will alleviate the “overly cumbersome and restrictive procedures to remove federal employees who commit serious misconduct while employed.” They also aim to eliminate disparity by extending the same suitability standards and tools used during the hiring process to address post-appointment conduct.
Critics, including former OPM Director Rob Shriver, have called this an attempt to bypass established disciplinary processes for federal employees. The rule was published June 3, 2025, and will be open for public comment through the Federal Register until July 3, 2025.
