New Federal Hiring Order: What It Means for Career Employees
federal employment law federal hiring freeze merit system osc investigations prohibited personnel practices Oct 20, 2025Last week’s presidential hiring order doesn’t end the freeze—it reshapes it. Under the directive, every agency must create an Annual Staffing Plan reviewed by OPM and OMB. But before any vacancy can be filled, a Strategic Hiring Committee—including the agency’s deputy head and chief of staff—must sign off.
This is a gatekeeper system, not a reopening. While the order claims to streamline hiring, it gives political leadership broad control over staffing decisions. Major exceptions exist for national security, public safety, immigration enforcement, and positions authorized by the department head. That means regular hiring in civilian and administrative functions will remain largely stalled.
The Law Hasn’t Changed: Merit Rules Still Reign
Even under this order, career hiring must follow federal merit law. The statutory safeguards remain clear: agencies must recruit and select from qualified candidates without regard to political affiliation. That’s embedded in 5 U.S.C. § 2301 (merit system principles) and § 2302 (prohibited personnel practices).
If anyone tries to inject politics, ideology, or loyalty tests into hiring, it’s unlawful. The Office of Special Counsel (OSC) can investigate violations, and veterans’ preference and competitive hiring procedures continue to apply in full force.
For applicants, vigilance is key. Keep copies of job postings, referral lists, and any communications referencing “Administration priorities.” Questions about your political views, donations, or social media activity are red flags—document them and reach out to OSC, your union, or counsel immediately.
Why Experts Are Concerned
Experts in public administration warn that embedding “Administration priorities” into hiring approvals risks turning workforce planning into a backdoor loyalty screen. Supporters call it strategic; skeptics see a subtle path to politicizing career service.
In short: the paperwork may look routine, but the power shift is real. The danger isn’t in planning—it’s in using “priority alignment” as a test of ideology rather than mission competence.
Staying Grounded and Protected
As agencies rush to form committees and submit plans, implementation will be uneven. Media and congressional oversight are likely to scrutinize how “priorities” are defined. Federal employees should stay calm but alert. The merit system is still the law.
Mindfully, this is a moment to practice awareness without fear. Document facts, not feelings. Respond with professionalism, not panic. Planning is fine; patronage is not.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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