OPM’s Suitability Rule Could Gut Due Process Rights
Jun 04, 2025OPM has proposed a major rule change that would allow agencies to remove current federal employees under the same "suitability" standards originally designed for applicants. Historically, suitability determinations were limited to pre-employment evaluations—like criminal history or falsified applications. This proposal repurposes those standards into a fast-track firing tool, giving agencies just five business days to act on OPM’s determination that someone is no longer “suitable.”
And suitability is being redefined broadly. Under this rule, disqualifiers could include tax issues, failure to sign a nondisclosure agreement, or even refusing to provide testimony in an agency investigation. These aren’t mere hypotheticals—they’re actionable criteria under the proposal.
The Alarming Bypass of Chapter 75 Protections
The real danger isn’t just in what can trigger a removal—it’s in how little process is required. The rule sidesteps Chapter 75’s established due process protections, which typically include notice, opportunity to improve performance, and the right to a fair hearing. With this change, none of that is guaranteed.
This makes removals easier and faster—but at what cost? Federal employees would no longer benefit from meaningful checks against arbitrary or retaliatory dismissals. What’s more, MSPB review would be limited, and courts would be constrained in what they could overturn.
Chilling Effects on Whistleblowing and Accountability
The proposal’s language about “non-disclosure obligations” raises flags for whistleblower advocates. If an employee refuses to sign or comply with such terms—potentially because they wish to report wrongdoing to Congress or the Office of Special Counsel—that refusal could itself become a basis for removal.
This threatens to create a climate of silence. Employees may feel forced to choose between job security and reporting corruption, which runs counter to the very foundation of public accountability.
This Isn’t Just Policy—It’s a Structural Shift
If adopted, this rule would mark a fundamental erosion of civil service protections. Suitability would no longer be about initial fitness for public service, but a sweeping mechanism to discipline and remove employees with minimal oversight.
Federal employees across agencies should take this seriously. This is not a marginal regulation—it’s a structural change that could reshape how the civil service operates and how secure your role in it truly is.
What You Can Do: Speak Up Before It’s Final
The proposed rule is currently open for public comment on Regulations.gov. Comments from real federal employees could influence the final version or even halt its implementation. Our firm is preparing a formal response and welcomes your insights—comments left on social platforms may help shape that submission.
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.