Attorneys for Federal Employees — Nationwide

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Today at a Glance

• State Department Layoffs: State finalized separations for nearly 250 Foreign Service employees and about 30 civil service employees on May 5.

• RIF Rules: NTEU says OPM’s proposed RIF changes would give performance ratings far more weight in deciding who keeps a job.

• OPM AI Hiring Tool: OPM launched USA Class, an AI tool that can generate federal position descriptions for job announcements.

Top Stories:

1. State Finalizes Long-Delayed Foreign Service Layoffs

Source: Federal News Network — May 5, 2026

TL;DR: The State Department finalized layoffs for nearly 250 Foreign Service employees and about 30 civil service employees. Many had been on paid administrative leave since receiving RIF notices last summer. The department said the separations were part of a major reorganization. The layoffs come while State is also recruiting new Foreign Service applicants.

For federal employees, this means:

• Employees who receive a final RIF separation notice should save the notice, SF-50s, performance records, and all agency emails.
• Employees close to retirement should check whether the separation affects immediate retirement, deferred retirement, or severance pay.
• Employees who believe the RIF was improper should act quickly because appeal and grievance deadlines can be short.

Legal Insight:
Foreign Service RIFs are governed by 22 U.S.C. § 4010a, which requires State to give due effect to factors such as organizational changes, documented skills, tenure, veterans’ preference, and other service-based rules. Civil service RIF rights often arise under 5 U.S.C. § 3502 and 5 C.F.R. Part 351. Employees should consult a federal employment attorney promptly if they believe the agency used the RIF to target protected activity, union activity, disability, age, race, sex, or prior complaints.

2. OPM RIF Proposal Draws Warning Over Performance Ratings

Source: FEDweek — May 5, 2026

TL;DR: FEDweek reports that NTEU warned OPM’s proposed RIF rules would give OPM “sweeping” power over federal workforce cuts. The proposal would make performance ratings the first retention factor in some RIF rankings. Current rules place more weight on tenure, veterans’ preference, length of service, and added service credit from performance. NTEU says the proposal could make RIF standing shift with each new performance review.

For federal employees, this means:

• Keep copies of your last three performance ratings and any written awards, commendations, or rebuttals.
• If your rating is lowered, ask for the reason in writing and use the agency’s reconsideration or grievance process if available.
• Union stewards should track whether performance changes are being used to reshape RIF registers before a RIF is announced.

Legal Insight:
Federal RIF rules are based on 5 U.S.C. § 3502 and 5 C.F.R. Part 351, including retention standing rules. Veterans’ preference protections are also part of 5 U.S.C. § 3502. If a performance rating looks retaliatory or unsupported, employees should challenge it early; waiting until a RIF notice may leave fewer options.

3. OPM Rolls Out AI Tool for Position Descriptions

Source: Federal News — Network May 5, 2026

TL;DR: OPM launched USA Class, an AI tool that can create and edit federal position descriptions. The tool will be available through USA Staffing for agencies that already use that hiring platform. OPM says the tool may cut the time needed to write position descriptions and reduce administrative work for HR staff. Position descriptions help determine title, series, grade, and job duties.

For federal employees, this means:

• Applicants should read AI-generated job announcements closely and compare duties, grade, and specialized experience requirements.
• Current employees should keep their official position description and ask for review if duties no longer match the job.
• HR and ER staff should document human review of AI-generated descriptions before they are used.

Legal Insight:
Federal classification is governed by 5 U.S.C. §§ 5101-5115 and 5 C.F.R. Part 511. A position description affects classification, pay grade, qualification requirements, and sometimes RIF placement. If an employee believes the official position description is materially inaccurate, the employee may ask the agency to review it and may have classification appeal rights under 5 C.F.R. § 511.603.

Legal Tip of the Day

If You’re Considering Filing an EEO Complaint 

Filing an EEO complaint is a structured process with strict deadlines. Missing even one step can affect your ability to pursue a claim. Before filing, take time to organize your timeline and supporting evidence. Understand what outcome you’re seeking and what the process involves. Early preparation can make the path clearer and less overwhelming. Southworth PC can help map out the process and avoid common missteps. 

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