OPM’s Push for Forced Performance Ratings Explained
eeo law federal employment opm guidance performance ratings workforce management Feb 05, 2026Federal employees are getting an early warning about a major shift in how performance may be evaluated in the FY 2026 appraisal cycle. According to statements from OPM Director Scott Kupor, OPM is moving toward a government-wide “forced distribution” of performance ratings. In plain terms, this means ratings may be required to fit a curve—even when an entire team performs at a high level.
This matters because performance ratings are not just symbolic. They affect cash awards, promotions, retention standing in a RIF, and credibility in future disputes. A system that artificially limits how many employees can receive top ratings changes the stakes across the federal workforce.
What OPM Means by “Normalizing” Ratings
OPM is justifying this move by pointing to data showing a high percentage of employees receiving ratings at the top of the scale. That pattern is being labeled “ratings inflation,” with the proposed solution being to “normalize the distribution.” While OPM has said it is not requiring quotas for ratings below Fully Successful, forcing a curve at the top still creates winners and losers based on math rather than merit.
For high-performing offices, this is especially disruptive. When recognition is capped, strong contributors may be pushed down a rating level despite meeting—or exceeding—established standards.
Legal and Procedural Red Flags
Federal performance systems are supposed to evaluate employees against pre-established, objective standards. Ratings are not meant to be adjusted after the fact to satisfy a distribution goal. If agencies implement forced distribution without clear statutory authority, proper rulemaking, or required bargaining with unions, significant legal issues follow.
These include grievances, unfair labor practice charges, and litigation. There is also a serious risk of disparate impact. If forced distribution predictably depresses ratings for certain groups, agencies may face EEO complaints and discrimination claims. “Normalization” may sound neutral, but if it operates like stack ranking, it carries well-known legal vulnerabilities.
Why Forced Ranking Hurts Workforce Performance
From a workforce management perspective, forced distribution has a long track record—and it is not a good one. These systems tend to reward internal politics rather than collaboration, undermine trust within teams, and punish offices that are genuinely stacked with talent. Employees stop helping one another when they know recognition is artificially scarce.
In already strained agencies, this can accelerate burnout and attrition. High performers who are told, “The quota is full,” often leave. Morale suffers. Mission outcomes follow.
What Federal Employees Can Do Now
Details matter. Performance plans, rating scales, and agency-specific implementation will determine how much damage this causes—and whether it can be challenged. Employees should keep careful records of performance expectations, feedback, and outcomes. Questions about authority, bargaining obligations, and disparate impact are not hypothetical; they are likely to become very real.
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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