Last Updated: August 28, 2026 Reading Time: 2 min
Four major federal employee unions filed suit Tuesday to block two of OPM's final rules scheduled to take effect September 2, 2026, five days from now.
What the unions are challenging
The lawsuit names two rules, both effective September 2.
The first is the suitability overhaul. Under it, OPM can order an agency to remove an employee on suitability grounds and then review its own removal order. No independent appellate body exists. The unions call this "plenary and, in its view, unreviewable authority" to fire federal workers across government, a power they say Congress never granted.
The second is the forced-distribution performance ratings rule. OPM now requires agencies to fit employee ratings into a mandated pattern. Agencies no longer have discretion to rate based on actual performance. Level 2 is gone.
Both rules take effect in five days:
- OPM Suitability Rule: July 30 Checklist
- OPM Finalizes Three RIF Rules: What Changes September 2
- OPM Performance Appraisal Overhaul: Final Rule
The legal theory
The Civil Service Reform Act of 1978 created MSPB to give employees an independent forum to challenge agency decisions. You should not have to appeal a firing to the same body that fired you.
The unions say OPM broke that structure. By ordering removals and then reviewing its own orders, OPM cut out the independence the CSRA requires. That, the complaint argues, exceeds OPM's statutory authority.
Does this pause September 2?
No. Not yet.
To halt the rules, the unions would need to file for a temporary restraining order and a court would need to grant it before September 2. As of August 28, no TRO motion has been reported.
The rules take effect September 2 unless a court acts. Watch for TRO filings this week.
What to do right now
September 2 is five days away regardless of the lawsuit outcome. The practical steps do not change:
- Read the OPM suitability checklist and resolve any open items.
- Understand what your appeal rights look like starting September 2 since MSPB no longer handles RIF, probationary, or suitability appeals.
- Document your performance record before your FY2026 review closes under the forced-distribution rules.
If September 2 is relevant to a pending action, use our Severance Pay Calculator to run the numbers before your decision deadline.
Related resources
- OPM Suitability Rule Checklist: Four things to fix before OPM can flag you
- What Changes September 2: The three final rules and who they affect
- Where Your Appeals Go Now: OPM replaces MSPB for RIF and suitability appeals
- Performance Appraisal Final Rule: Forced distribution, FY2026 and FY2027 ratings