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Calibration Panels and the 40 Percent Cap: What Federal Employees Should Ask For

calibration panel federal employees opm performance ratings shaun southworth
 

"Calibration panel" is a term many federal employees are hearing this fall, and one of those panels may be deciding your performance rating right now. Reporting from Government Executive and Bloomberg Law suggests that many employees do not know who sits on their panel or what factors it uses, and that agencies may not be implementing the process the same way.

What We Know

OPM's September 21 memo caps ratings of four and five at forty percent of an agency. Your supervisor rates you, and then a panel of senior leaders applies the cap. OPM's Performance Management Officer Manual says a panel "is not a rating board that re-rates employees independently." But OPM's own briefing deck for employees says the panel "assigns Rating of Record in accordance with agency caps." Those two descriptions are hard to reconcile, and employees are right to ask which one describes what is happening at their agency.

What Government Executive Reported

Government Executive reported on October 20 that a Mine Safety supervisor said leadership told rating officials which ratings to lower before they ever reached a panel. Bloomberg Law has reported that HHS gave managers what it calls "secret calibration rubrics," with instructions that preliminary ratings "must not be discussed with or provided to employees." Whether every agency is implementing the cap the same way, and whether any of these practices violate the law, are open questions.

What We Do Not Know

We do not know who is on your panel, what factors it used, or whether anyone will tell you why a four became a three. The unions sued in August, and there has been no ruling yet.

Why This Is Bigger Than a Bonus

Under OPM's new reduction-in-force rule (5 C.F.R. Part 351), a five is worth seven points, a four is worth five, and a three is worth three, with years of service as the final tiebreaker. A four calibrated down to a three can mean two points off your RIF ranking.

What to Ask For Now

OPM's own Q&A on the new rule says calibration factors "must be published in agency policy and shared with employees." Ask for your agency's calibration factors in writing, and keep a copy of your request. On the day your rating is issued, ask for your reconsideration deadline; at HHS, that deadline is five business days. And if your rating dropped after an EEO complaint, a disclosure, or an accommodation request, that rating is a personnel action under 5 U.S.C. § 2302, and it is worth speaking with a federal employment attorney promptly.

If you believe your rating was affected by protected activity, the attorneys at Southworth PC can help you understand your options.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. 

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