OPM's New Suitability Rule, and Why One Outlet Called It "Nixonian"
chapter 75 civil service protections federal employee removal mspb appeals opm suitability rule Jul 17, 2026
OPM's new suitability rule lets the agency order the removal of a sitting federal employee for conduct that happened after they were hired — and Government Executive's headline for it used one word: "Nixonian."
What the New Suitability Rule Actually Does
OPM's suitability regulation, amending 5 C.F.R. Part 731 and finalized in a rule with an effective date of July 30, 2026, lets both OPM and employing agencies take a suitability action to remove a federal employee for post-appointment conduct — outside the normal Chapter 75 adverse-action process. OPM expanded the categories of conduct that can support a suitability determination to include untimely tax filing, refusing to sign or violating a required non-disclosure agreement, and misuse or "negligent loss" of government equipment.
A suitability action carries consequences beyond removal itself, including debarment from federal employment for up to three years.
Why One Outlet Called It "Nixonian"
Government Executive's headline described the finalized rule as "Nixonian." (Government Executive, July 2026) The characterization points to the rule's roots: a 2011 Merit Systems Protection Board decision had held that OPM could not take a suitability action against an employee for conduct occurring after they were hired. This rule reverses that limit, and does so through a process that sits outside the adverse-action protections Chapter 75 normally provides.
MSPB Appeals Still Exist — For Now
The Merit Systems Protection Board currently still hears appeals of suitability actions. That may not last: OPM has separately proposed, in a not-yet-final rule, moving suitability appeals in-house — to be decided by OPM itself, based on the written record, without the hearing process an MSPB appeal would normally provide.
Suitability Action vs. Chapter 75: Know Which Door You're In
If you receive a suitability action rather than a traditional Chapter 75 adverse action, that distinction is not a technicality — it is a different process with different rights attached. Before you respond to any notice, confirm which type of action you are actually facing.
- A suitability action can result in debarment from future federal employment, not just removal from your current position.
- MSPB appeal rights for suitability actions currently exist, but a pending OPM proposal would move those appeals in-house.
- The conduct that can now trigger a suitability action is broader than most employees expect, including tax filing delays and NDA disputes.
If you've received a suitability notice or aren't sure whether your situation falls under Chapter 75 or the new suitability rule, Southworth PC can help you understand which rights apply before you respond.
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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