Trump Administration Unveils Rule Making 50,000 Federal Workers At-Will Employees
A sweeping new directive from the Trump administration will strip specific employment protections from approximately 50,000 federal workers in senior policy-influencing roles, effectively converting them into at-will employees within the next month. The rule, announced on Thursday by the Office of Personnel Management (OPM), targets civil servants in "confidential, policy-determining, policy-making or policy-advocating" positions.
Loss of Appeal Rights and New Grounds for Dismissal
Under the new regulation, these employees will be moved into the Schedule Policy/Career category, formerly known as Schedule F. This change eliminates their ability to appeal firings, suspensions, or disciplinary actions to an independent merit systems protection board. Administration officials will now have the authority to dismiss workers for "misconduct, poor performance or obstruct the democratic process by intentionally subverting Presidential directives."
An official familiar with the matter emphasised that the administration would not base disciplinary actions on an employee's political affiliation or voting history. However, the OPM dismissed concerns that the rule could pressure staff to align with the president's political beliefs or suppress protected speech.
Accountability Versus Politicisation
Scott Kupor, Director of the Office of Personnel Management, defended the policy, stating it would enhance accountability. "No longer will individuals in these policy making roles be able to execute their own priorities, but rather will be accountable to the will of the American people, as enforced by the policies promulgated by the duly-elected president," Kupor said. The rule aligns with President Trump's executive order "Reforming the Federal Hiring Process and Restoring Merit to Government Service."
In stark opposition, the American Federation of Government Employees (AFGE), the largest union representing non-postal federal workers, issued a forceful condemnation. AFGE President Everett Kelley warned the rule would "chill protected speech" and "weaken enforceable protections against retaliation."
"This rule is a direct assault on a professional, nonpartisan, merit-based civil service and the government services the American people rely on every day," Kelley asserted. "When people see turmoil and controversy in Washington, they don’t ask for more politics in government, they ask for competence and professionalism. OPM is doing the opposite. They’re rebranding career public servants as ‘policy’ employees, silencing whistleblowers, and replacing competent professionals with political flunkies without any neutral, independent protections against politicization and arbitrary abuse of power."
Legal Challenges and Broader Context
The litigation nonprofit Democracy Forward announced its intention to sue the Trump administration over the rule change. This development occurs against a backdrop of sustained efforts by the administration to restrain the federal workforce since Trump's return to the White House last year. The president and his allies have frequently characterised federal employees as part of a "deep state" obstructing his agenda.
More than 300,000 federal workers have departed government service in the past year through mechanisms including buyouts, early retirement offers, firings, reduction-in-force programmes, and department closures. Notably, Trump has previously tasked billionaire tech executive Elon Musk with making recommendations to drastically reduce the federal workforce.
The Office of Personnel Management has not specified which exact job titles or agencies will be most directly impacted by the new rule. It is scheduled to take effect in 30 days, marking a significant shift in the employment landscape for tens of thousands of career civil servants.
