OPM finalized rule ending independent MSPB, Federal Circuit review of suitability firings for ~1M workers
On August 3, 2026, the U.S. Office of Personnel Management published a final rule, "Suitability Action Appeals," eliminating Merit Systems Protection Board and Federal Circuit review of suitability-action appeals and replacing them with an appeal process OPM adjudicates itself, effective September 2, 2026. The rule follows a separate OPM rule, effective July 30, 2026, that for the first time extended suitability actions -- a vetting tool historically used only to screen job applicants -- to post-appointment conduct by sitting federal employees, with only a written response and no evidentiary hearing before removal. OPM's own rule text projects the July 30 change will reclassify about half of federal employee removals government-wide, previously handled through the standard disciplinary process that carries a right to appeal to the MSPB.
