Schedule F Returns: What the New FOIA Lawsuit Means
A new FOIA lawsuit seeks OPM’s secret Schedule Policy/Career lists. Here’s what federal policy employees need to know about potential at-will conversion.
Federal employees in policy-facing roles—attorneys, analysts, economists, scientists, HR and IT specialists—are right to feel uneasy. A new lawsuit filed by NTEU sheds light on a critical question: which jobs are agencies quietly trying to convert into at-will positions under the revived Schedule F, now rebranded as “Schedule Policy/Career”? The case is not about politics; it is about transparency, due process, and the future of the merit-based civil service.
What the Lawsuit Is Really About
Earlier this year, the Administration reinstated Schedule F under a new name—Schedule Policy/Career—and instructed agencies to identify “policy-related” positions they believe should be shifted out of the competitive service. OPM issued guidance directing agencies to prepare and submit petitions listing the jobs they want converted.
On August 20, NTEU submitted a FOIA request to obtain those petitions. Under the statute, OPM had a clear deadline: roughly 20–30 working days. According to the lawsuit filed in federal court on November 14, OPM never responded—not even an acknowledgment. For a request this consequential, silence has real weight.
Why These Petitions Matter
In practical terms, these petitions are target lists. They reveal which jobs agencies believe should no longer receive traditional merit-based protections. The positions flagged could be reclassified into an excepted service category where employees become, effectively, at-will: easier to remove, easier to replace with political appointees, and significantly less insulated from pressure.
For policy professionals—those who write regulations, interpret statutes, craft economic models, oversee technical programs, or safeguard HR and IT infrastructure—the stakes are personal. Your job may already appear on a petition that has been prepared behind closed doors. Without disclosure, neither employees nor unions can meaningfully respond or prepare.
How This Could Affect Your Legal Protections
Conversion to Schedule Policy/Career would not change your badge or your title, but it would change almost everything else. Appeal rights narrow. Performance-based removal standards weaken. The space to offer candid, nonpartisan advice shrinks. Even routine legal or scientific pushback—“this violates statute,” “the data do not support this conclusion”—becomes riskier.
Mindfulness can help you stay grounded here: uncertainty is stressful, but clarity is emerging. The FOIA lawsuit itself does not stop Schedule Policy/Career, but it does aim to pull back the curtain so stakeholders can intervene before conversions occur.
What You Can Do Now
If your work touches policy, track developments closely. Document your duties. Understand the competitive service rules that currently protect you. And watch for updates—transparency is coming, and sunlight changes the conversation.
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.