Trump’s Proposed OPM Rules Could Gut Federal Job Protections
federal employment federal job protections opm regulations progressive discipline rif appeals Sep 05, 2025Federal employees, the Office of Personnel Management (OPM) just previewed regulations that would mark one of the most sweeping rollbacks of civil service protections in decades. These proposals, framed as “accountability” measures, would in reality tilt the balance sharply toward agency management—and away from fairness. Let’s break down what’s at stake and what you should be thinking about now.
How RIF Rules Would Change
Traditionally, a reduction in force (RIF) takes into account tenure, veterans’ preference, years of service, and performance. That mix has helped ensure stability, especially for long-serving employees. Under the new proposal, performance ratings would move to the top of the list. Seniority—the anchor that many older employees rely on—would be reduced to a mere tiebreaker.
The danger here is clear: performance ratings are not always objective. Bias, retaliation, or even just inconsistent supervision could determine who stays and who goes. If you’ve built your career on decades of service, these changes could suddenly make you far more vulnerable.
Appeals Could Become Steeper Uphill Battles
OPM also wants to “streamline” appeals for RIFs. In practice, that means fewer procedural protections and shorter deadlines. Once a layoff happens, your ability to challenge it through the Merit Systems Protection Board (MSPB) could be severely curtailed. For employees, this is not efficiency—it’s a stacked deck.
Shortened Performance Plans
Today, agencies typically give employees 60–90 days to improve under a Performance Improvement Plan (PIP). The proposed rule would allow agencies to cut that down to 30 days—or even less. Imagine being handed a notice with only a month to “save” your career. For anyone dealing with medical leave, caregiving duties, or even a complex workload, that timeline is unworkable.
The End of Progressive Discipline
Perhaps the most alarming change is the elimination of progressive discipline. Instead of warnings or suspensions before removal, agencies could skip directly to firing for a first offense. That erodes one of the bedrock principles of federal employment—that discipline should be corrective, not purely punitive. Without this safeguard, managers gain unchecked power, and employees lose the chance to learn, improve, and continue serving.
No More Clean Record Settlements
Currently, many cases resolve through “clean record” settlements, allowing both sides to move forward without a permanent black mark on the employee’s record. The proposed rule would ban that practice. Once a suspension or removal hits your personnel file, it would follow you forever, no matter the circumstances or later resolution.
A Mindful Perspective
For federal employees, reading these proposals can trigger deep anxiety. It helps to pause and ground yourself: these are not yet final rules. OPM must go through the notice-and-comment process, and legal challenges are almost certain. In the meantime, stay informed, document your performance carefully, and take steps to protect your rights.
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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