The President recently issued a new Executive Order on March 20, 2025, proposing changes to the federal employee suitability process. The Executive Order, titled Strengthening the Suitability and Fitness of the Federal Workplace, seeks to change the way suitability has applied to federal employees in the past. The new suitability process mentioned in this Executive Order will not have any immediate effect because the Office of Personnel Management (OPM) has to first propose and finalize regulations which could take several months.
What is Suitability?
Suitability is the government’s determination as to whether or not an individual has the character or conduct necessary to work for the federal government. It can be slightly similar in nature to a security clearance evaluation. A suitability determination hinges on whether or not an individual’s character or conduct could have an adverse impact on the integrity or efficiency of the government. For example, prior illegal drug use or an arrest could give rise to a suitability denial.
How Suitability Currently Works
Suitability issues have mostly been decided by individual federal agencies, not OPM. It is rare that OPM gets directly involved in the suitability process for most cases. During a federal employee’s probationary period, OPM can determine whether or not the individual is suitable for federal employment. Once a federal employee’s probationary status has ended, suitability issues revert to the individual federal agencies who employ them. Over the course of practicing law in this area for over 25 years most suitability actions are taken by specific federal agencies, not OPM. The Executive Order appears to be an effort to change this.
Proposed Changes
The new Executive Order proposes to shift some or all of the suitability decisionmaking power to OPM. The specific changes in the final suitability rule will depend on how these final regulations are ultimately drafted. The Executive Order delegates power to OPM to decide questions of suitability. However, this doesn’t necessarily mean that federal agencies will lose the power to reach suitability decisions themselves.
Additionally, the Executive Order seeks to have federal agencies make suitability referrals to OPM. One item to watch is whether or not the final regulations will attempt to give OPM the power to act independently and seek the termination of specific federal employees outside of the normal suitability referral process. In theory, OPM might be able to seek dismissal of specific federal employees that they deem unsuitable for federal employment. This would be likely to cause significant litigation. While this is a proposed change, it will take some time to implement. In order to take the next steps, these government regulations will need to be updated and finalized.
Final Thoughts
The proposed changes discussed in the Executive Order will take some time to implement. The final version will probably give us a better idea of what the Executive Order has in mind regarding any significant changes. I imagine that these proposed rules will probably come into existence at some point in 2026. Until then, the regular suitability process remains in place.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
