Before July 30: Three Things to Clean Up Under OPMā€™s New Suitability Rule
A new OPM suitability rule takes effect July 30, 2026, and it creates a second path for removing sitting federal employees that runs entirely outside the Chapter 75 adverse-action process most employees know.
Why This Rule Is Different From a Standard Removal
For decades, suitability determinations under 5 C.F.R. Part 731 applied mainly to job applicants. The new rule extends suitability actions to sitting employees and expands the listed grounds to include failure to meet legal obligations, misuse of government resources, and related conduct issues.
A Chapter 75 removal requires at least 30 days' advance written notice and appeal rights to the Merit Systems Protection Board (MSPB) under 5 U.S.C. § 7513. A Part 731 suitability action follows different procedures, and for now can still be appealed to the MSPB — though OPM has a separate, not-yet-finalized proposal that would move those appeals in-house.
Three Things to Address Before July 30
1. Your Tax Filings
The rule's listed grounds include failure to meet legal obligations, including timely filing of tax returns. If you have an unfiled year sitting in a drawer, address it this month.
2. Government Property
“Theft, misuse, or negligent loss” of government resources or equipment is a listed ground. If you returned equipment at a previous duty station, confirm you have a receipt or documentation. If you can't find one, email your IT or property office now and ask them to confirm the return in writing — that email becomes your record.
3. Know Your Track
If you receive any notice, the first question is which process applies: Chapter 75 or Part 731 suitability. Photograph, date, and calendar any notice the day it arrives, since suitability response windows can be short.
What This Means for Federal Employees
This is exactly the kind of case our firm handles — adverse and suitability actions are core work for us, and the early moves often decide these matters. If a notice shows up, the response window matters, and it is worth speaking with an attorney before you respond.
Southworth PC represents federal employees nationwide and offers free consultations.
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.