Trump Administration Issues Final Rule on “Schedule Policy/Career” Appointments, Eliminating Job Protections for Thousands of Career Federal Employees

Yesterday, the Office of Personnel Management (OPM) issued its Final Rule on “Schedule Policy/Career,” a new federal employment category for certain members of the civil service. The Administration describes the Rule as a move to “increase career employee accountability” and address “longstanding performance management challenges in the Federal workforce.” 

Background 

Approximately 140 years ago, Congress began passing legislation — including the Pendleton Civil Service Act of 1883, the Lloyd-La Follette Act of 1912, and the Civil Service Reform Act (CSRA) of 1978 — designed to root out patronage systems that granted federal appointments as rewards for supporters of the party currently in power, which lead to an unskilled federal workforce, widespread corruption, and ultimately the assassination of President Garfield by a disappointed patronage seeker. In particular, the CSRA established a series of job protections for career employees who continue in their positions despite changes in administrations. These protections include protection against suspension, demotion, or termination without cause and the right to appeal adverse employment actions. Political appointees, by contrast, serve at the pleasure of the President and can be removed at any time. 

What does Schedule Policy/Career do? 

Schedule Policy/Career strips the CSRA job protections from tens of thousands of career employees, specifically those the President deems to be in “confidential, policy-determining, policy-making, or policy advocating” positions. As Schedule Policy/Career employees, these civil servants can now be fired without cause, notice, an opportunity to improve, or the right to appeal their termination. 

While the Administration asserts that these employees are still protected from prohibited personnel practices (such as discrimination and political coercion), this Rule in fact excludes these employees from statutory protection against prohibited personnel practices. Instead, Executive Order 13957 directs each agency to “establish rules” barring prohibited personnel practices, leaving agencies as the final word on whether their employment actions are consistent with their rules.  

OPM declined to clarify what constitutes a “confidential, policy-determining, policy-making, or policy advocating” position, although it does instruct agencies to use the “plain English meaning of the terms.” The Rule establishes that only the President can place a position into Schedule Policy/Career; this determination cannot be challenged. 

The Final Rule also changes the process for investigating claims of whistleblower retaliation, which were previously investigated by the independent Office of Special Counsel. Under the Rule, individual agencies will now be responsible for investigating claims of whistleblower retaliation. 

The Takeaway 

In effect, this Final Rule allows the Administration to suspend, demote, or terminate Schedule Policy/Career employees without recourse and for any reason, including insufficient loyalty to the Administration’s policy agenda. While OPM does note that “nothing in this rule precludes an employee from discussing concerns about a presidential or agency policy with a supervisor or management,” it is noteworthy that nothing in this Rule precludes management from terminating the employee for doing so. 

It’s also critical to view Schedule Policy/Career within the context of this Administration’s overall approach to the civil service. In May 2025, OPM issued new hiring guidelines which for the first time require applicants to identify and describe how they would advance President Trump’s agenda, in a hiring process that now includes direct involvement from political appointees.  

At the same time, Schedule Policy/Career became increasingly aggressive as it developed. In response to over 40,000 public comments on the proposed Rule — 94% (!) of which were opposed to the Rule — the Administration argues that not only is Schedule Policy/Career permissible under the CSRA, it is unconstitutional for Congress to impose any restrictions on the President’s power to hire and fire any federal employee. 

This is a clear pivot towards the unitary executive theory, which argues that the President holds sole and complete authority, without check or balance, over the executive branch. In effect, it holds that every federal employee should serve at the pleasure of the President. 

Whether or not private sector employees should be terminable at will, the nation is not best served by a civil service hired based on their loyalty to the party in power, who can be fired without justification or the opportunity to appeal. The civil service has historically been a nonpartisan entity, and for good reason: civil servants serve across administrations. They bring subject matter expertise and institutional knowledge to support the policy aims of the administration in charge, which can and should include advising political leadership where their proposals are misguided or illegal. But people don’t speak honestly if they’re afraid that honesty will get them fired.  

For questions about the potential impacts of Schedule Policy/Career, please contact our team.