On Inauguration Day, President Trump signed multiple executive orders (“EOs”) that affect federal government employees. As expected, Trump reinstated Schedule F; suspended remote work; and directed agencies to terminate DEI (diversity, equity, and inclusion), DEIA (diversity, equity, inclusion, and accessibility), and environmental justice initiatives and personnel. This is likely just the start, but here is a summary of a few of Trump’s EOs that bring change for the federal workforce:
Schedule Policy/Career (formerly known as Schedule F)
“Restoring Accountability to Policy-Influencing Positions within the Federal Workforce” reinstates a slightly-edited version of EO 13957, which Trump signed near the end of his first term in 2020. EO 13957 created Schedule F, a category of excepted service employment that included positions of a “confidential, policy-determining, policy-making or policy-advocating” nature.
Trump’s new EO uses the term “Schedule Policy/Career” instead of “Schedule F.” Although “Schedule Policy/Career” employees “are not required to personally or politically support the current President,” failing to “faithfully implement administrative policies to the best of their ability, consistent with their constitutional oath and the vesting of executive authority solely in the President” is “grounds for dismissal.” Further, Schedule Policy/Career employees have very limited rights to challenge termination and other personnel actions.
The National Treasury Employees Union filed a lawsuit on January 20, 2025, asking the U.S. District Court for the District of Columbia to enjoin the Order.
Telework
“Return to In-Person Work” orders all department and agency heads to terminate remote work arrangements as soon as practicable and require work in-person for full-time. Although the EO states that agencies “shall make exemptions they deem necessary,” the basis for exemptions is unclear. However, the Rehabilitation Act still requires federal agencies to provide reasonable accommodation (which may include telework, depending on the circumstances) to employees with disabilities.
DEI and environmental justice positions and programs
Pursuant to the EO titled, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” Trump ordered each agency, department, and commission, to “terminate, to the maximum extent allowed by law,” all DEI (diversity, equity, and inclusion), DEIA (diversity, equity, inclusion, and accessibility), and environmental justice offices and positions, plans, initiatives, programs, grants, contracts, and requirements within 60 days. OPM Memorandum for Temporary Transition Schedule C and Noncareer Senior Executive Service Appointing Authorities- by this memo, OPM approves unlimited use of TTC; as before, an agency could not exceed 50 percent except with OPM approval.
Federal hiring freeze
“Hiring Freeze” forbids the government from creating any new positions or filling any civil positions that were vacant as of noon on January 20, 2025, except as provided by OMB. The freeze does not apply to military, immigration enforcement, national security, or public safety positions. Additionally, Trump ordered DOGE and OMB to submit plans to reduce the size of the federal workforce. Except with respect to the IRS, the hiring freeze will remain in place until OMB issues a final plan.
Agencies may proceed with hiring and onboarding applicants that signed job offers prior to noon on January 20, as long as the start date is on or before January 8, 2025. Unless the agency head decides otherwise, agencies must revoke offers with a start date that is either undetermined or after February 8, 2025.
Senior Executive Service
“Restoring Accountability for Career Senior Executives” states that members of the Senior Executive Service (“SES”) officials “must serve at the pleasure of the President.” Trump orders OPM and OMB to “issue SES Performance Plans that agencies must adopt.” He further directs agencies to destroy and rebuild Executive Resources Board and Performance Review Board. The order encourages agencies to reassign SES members “to ensure their knowledge, skills, abilities, and mission alignments are optimally aligned to implement [his] agenda,” and to terminate SES officials who do not comply with “the principles reaffirmed in this Order or their duties to the Nation under [5 U.S.C. § 3131].”
Federal hiring process
“Reforming the Federal Hiring Process and Restoring Merit to Government Service” orders the Department of Government Efficiency (“DOGE”), OMB, OPM, and other agencies to develop a Federal Hiring Plan within 120 days. The EO lists various requirements for the plan, including that it must “prevent the hiring of individuals based on their race, sex, or religion, and prevent the hiring of individuals who are unwilling to defend the Constitution or to faithfully serve the Executive Branch;” and implement “technical and alternative assessments required by the Chance to Compete Act.” The order also directs agencies to decrease the time to fill open positions and to use data analytics for recruitment.
How can an employment attorney help me?
If you received a notice about changes to your work status based on President Trump’s Executive Orders, it may be helpful to consult an attorney. An experienced employment lawyer can advise you about whether and how you can challenge your employer’s actions. Alan Lescht and Associates, P.C., represents federal government workers around the world. We handle cases involving administrative leave, reasonable accommodations, discipline, removals, discrimination, retaliation, and other matters. Please contact us to speak to an attorney.
