MSPB: Rules barring a future Schedule F have the potential to limit discrimination and retaliation based on political affiliation. Image: Mark Van Scyoc/Shutterstock.com
The MSPB has identified five OPM initiatives, including rules directed against a future Schedule F, as its most significant recent actions, although adding that the impact is still to be determined.
The MSPB’s latest annual report says the rules—designed to prevent a future policy of converting competitive service employees involved with policy matters to the excepted service through an executive order — have the “potential to strengthen” the merit system principles including those barring coercion, discrimination and retaliation based on political affiliation.
“The short-term impact of this rule change is that it provides a strong statement from the chief HR agency and personnel policy manager of the federal government supporting a merit-based, nonpartisan workforce and presents the legal impediments to divesting federal employees of their due process rights. The long-term impact is less clear given that we cannot predict whether such schedule changes will be attempted in future years. In addition, we do not know if there will be attempts to repeal the regulations by a new administration,” it says.
It similarly said that “it will take time to measure the long-term impact” of DEIA initiatives for the federal workplace, which it said “attempt to improve” compliance with merit principles such as treating all applicants in an equitable manner and protecting against discrimination.
Also among significant actions last fiscal year, it said, are rules carrying out a law generally limiting inquiries about a job applicant’s criminal history until a conditional job offer is made.
“In the long term, it is anticipated to lead to a more balanced and diverse federal workforce by removing the “litmus test” of criminal history and allowing decision makers to evaluate each candidate more fully without automatically excluding individuals with criminal histories before reaching the suitability review stage,” it said.
It also cited as significant actions OPM’s issuance of a handbook for workforce planning, recruitment and hiring that shifts to a skills-based approach rather than a credentials-based approach; and efforts to address shortages of employees in certain occupations.
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