Quick read: On June 3, 2026, the President signed an executive order placing approximately 8,000 federal positions into a new excepted-service category called Schedule Policy/Career — the renamed Schedule F. For positions covered by the order, the Chapter 75 adverse action procedures that ordinarily apply to career federal employees no longer apply. No advance notice. No reply right. No appeal to the Merit Systems Protection Board (MSPB) on a removal. Positions can be removed at will. The order is being challenged in federal court. If you may be on the list, the next two weeks matter.
This post lays out, in plain English, what the order does, what it does not do, and the practical steps you should take now.
Check out the order and the appendix yourself at Implementing Schedule Policy/Career in the Excepted Service – The White House and 2026SchedulePolicyCareer.eo_.APPENDIX.pdf
What the Order Does
The June 3, 2026 executive order — titled Implementing Schedule Policy/Career in the Excepted Service — does four things:
First, it places the specific positions identified in the order’s appendix into Schedule Policy/Career of the excepted service. The appendix runs more than 200 pages and lists positions by agency and by position description (PD) number.
Second, it amends the Civil Service Rules and Regulations (5 C.F.R. Parts 1, 3, 6, 11, and 550) so that an employee in a Schedule Policy/Career position can be separated for “unacceptable performance or misconduct” on the agency’s written notice — without the procedural protections of 5 U.S.C. Chapter 75.
Third, it directs each affected agency to notify the encumbering officer or employee of the placement within 7 days and to conform agency records to reflect the change.
Fourth, it tells OPM to continue the broader transfer process — meaning more positions may follow.
The administration estimates that about 97 percent of the positions covered by this round are at or above the GS-15 level.
What the Order Does Not Do — At Least On Its Face
OPM Director Scott Kupor stated publicly that whistleblower protections are preserved. We note that the practical access to the Office of Special Counsel and the Individual Right of Action (IRA) framework for Schedule Policy/Career employees is still being litigated; treat that as an open question, not a settled one. OPM might be wrong on this one.
The order does not by itself extinguish EEO statutes. Title VII, the Rehabilitation Act, the ADEA, and the EPA continue to apply, and EEOC’s 29 C.F.R. Part 1614 process for federal-sector complaints remains available.
The order does not retroactively change the procedural rights attached to any adverse action already initiated against you before your position was placed in Schedule Policy/Career.
What is Being Challenged in Court
A coalition of federal employee unions and good-government organizations — including the American Federation of Government Employees (AFGE), AFSCME, the AFL-CIO, Public Employees for Environmental Responsibility (PEER), and Democracy Forward — has active litigation challenging the underlying OPM rulemaking and the Schedule Policy/Career framework. The legal theories include exceeding the President’s authority under the Civil Service Reform Act of 1978, violating the Administrative Procedure Act, and depriving covered employees of constitutionally protected property and due-process interests in their positions. Courts have not yet ruled on the merits of the June 3, 2026 order.
We do not know how the litigation will come out. We do know that the procedural protections Congress codified in Title 5 do not vanish because an executive order says they do. The courts will weigh in. Until they do, treat your situation as legally contested, not legally settled.
What To Do Right Now — Practical Checklist
1. Confirm whether your position is actually on the list.
Pull up the appendix to the executive order. Find your agency. Find your position description (PD) number — it is on your SF-50 in box 22 (“Position Title and Number”). If your PD number appears in the appendix under your agency, your position is covered. If your PD number is not listed, your position is not covered by this round — but a subsequent round could include it.
The order itself states that subsequent renumbering or organizational realignment of a listed PD does not remove it from Schedule Policy/Career. If your PD is on the list and your agency later renumbers or moves it, the coverage follows the position.
2. Get the notice in writing.
Your agency is directed to notify you within 7 days of placement in Schedule Policy/Career. Get the notice in writing — email is fine. Save it. Save the date and time it arrived. Save who sent it. Do not rely on a verbal conversation with a supervisor.
3. Do not sign anything reclassifying you without learning more.
If your agency asks you to sign a document acknowledging placement in Schedule Policy/Career, or any document waiving rights, do not sign it without first speaking with your union, your representative, or counsel if you want. Acknowledging receipt of a notice is one thing; signing a waiver is something else. Read what you are being asked to sign. If you are unsure which it is, ask for time to review and consider getting advice. Although we will provide information, we do not plan to offer a paid consultation for this advice. Our free consultations would be focused on whether you want us to pursue EEO claims, whistleblowing claims, or defend against proposed or actual discipline. A few other firms, however, provide for paid consultations which my be useful.
4. Document everything now — before anything happens.
Build a file. Include:
- Your current SF-50 and the SF-50 you receive reflecting placement in Schedule Policy/Career.
- Your most recent performance appraisals and any awards or commendations.
- Emails reflecting praise for your work, successful projects, or favorable feedback.
- Any complaint, EEO contact, whistleblower disclosure, or protected activity you have engaged in — with dates.
- Your position description as currently written.
The goal is to be able to demonstrate, if needed, the actual character of your position and the actual quality of your service. Do this now, while you have access to your systems and email.
5. Engage your union or representative.
If you are in a bargaining unit, talk to your steward and your local. Even if your position itself is unclassified or excepted, your union may still have a role in negotiating the agency’s implementation. If you have a personal representative, loop them in.
6. Keep doing your job — and keep records of it.
Continue to perform. Continue to follow lawful directives. The order does not change the bar on adverse actions for protected reasons — race, sex, national origin, age, disability, religion, sexual orientation, gender identity, prior EEO activity, whistleblower disclosures, union activity, and political affiliation. If you are removed, the reason matters. Keep your work product, your communications, and your performance record clean and well-documented.
7. Watch the litigation.
The federal court challenge is the single most important variable for the next several months. We will post updates as they come. If you are not on our daily newsletter, you might want to join at fedlegalhelp.com/newsletter.
8. Know your timelines if something happens.
If you are removed and you believe the removal is based on a protected reason — discrimination, retaliation, whistleblower reprisal, USERRA, political affiliation — there are deadlines, and they are short. EEO contact for discrimination or retaliation is 45 days from the action. Whistleblower disclosures and IRA framework filings with OSC have their own timelines. Do not let a deadline run. Consider contacting counsel for a consultation.
Who Can the Firm Help
Southworth PC focuses on federal employment law. We represent federal employees nationwide and worldwide. The cases this order tends to generate adverse actions where the procedural shield is gone but the substantive prohibitions remain — retaliation for protected EEO activity, whistleblower reprisal under 5 U.S.C. § 2302(b)(8), prohibited personnel practices, USERRA, mixed cases at the intersection of MSPB and EEO — are core firm work.
We do free consultations to see if you have a litigation case we can help your pursue. If you are facing discipline, harassment or discrimination, or if you have already received a separation notice, you might consider reaching out.
This post is general information about a developing legal situation. It is not legal advice and does not create an attorney-client relationship. Federal employment matters are fact-specific. If you believe you are affected by the executive order, the right next step is a consultation with an attorney who can evaluate your specific situation against the actual record.