New Rule Protects Civil Service Employees from At-Will Firing

The Biden administration on April 4 issued a final regulation to protect the federal government’s civil servants from being fired at will. The new rule reinforces federal employees’ due process rights and right to be fired only for cause.

During the Trump administration, an executive order, known as Schedule F, was issued to make it easier for government leaders to fire federal employees. The executive order, which President Joe Biden revoked, would have directed agencies to recategorize many career employees into a new at-will status that would have removed their civil service protections. 

Some commenters on the rule noted that several states have adopted policies like Schedule F with success. The commenters asserted that Arizona, Florida, Georgia, Indiana, Mississippi, Missouri, Texas and Utah have instituted Schedule F-type reforms and shown positive results.

However, the Office of Personnel Management (OPM) received comments from civil servants in these states saying their jobs have worsened because of these reforms.

We’ve gathered articles on the news from SHRM Online and other outlets.

Trump’s Pledge

Former President Donald Trump has pledged to reintroduce the executive order if he is re-elected. The new rule would likely only slow, not stop, him from doing so, should he return to the White House. Biden revoked the executive order soon after taking office in January 2021. There are approximately 2.2 million civil servants.

(Reuters)

Schedule F’s Aim

At the time of the 2020 order, Trump administration officials said Schedule F was a way to ensure the accountability of federal employees and to allow more flexibility over whom a president can have working in policymaking roles. Trump has pointed to what he views as a “deep state” in the government’s workforce, saying that many federal employees intentionally slow-rolled Trump policies they personally disagreed with.

(Federal News Network)

New Rule’s Provisions

The new OPM regulation will bar career civil servants from being reclassified as political appointees or as other at-will workers, who are more easily dismissed from their jobs. Schedule F sought to allow for the reclassification of tens of thousands of the 2.2 million federal employees, which would have reduced their job security protections.

(CBS News)

Steps Needed to Undo Rule

“If another administration were to disagree with the policies that are reflected in this regulation, first, they would have to follow that full rulemaking process themselves,” said a senior administration official when asked about potential attempts to revive Schedule F. “They would have to justify how a different rule would ensure that decisions to hire and fire were based on how well federal employees served the American people, as is required by the merit system principles that are enshrined in the law, rather than on their political allegiance.”

(Government Executive)

HR Might Have Been Affected by Schedule F

The National Treasury Employee Union used freedom of information requests to obtain documents suggesting that HR professionals might have been among those subject to reclassification. The new rule reinforces long-standing protections and merit system principles for career civil servants.

(The Washington Post and SHRM Online)