Updated February 13, 2025
Earlier this week, the Trump administration announced a sweeping new effort to downsize the federal workforce. Reflecting the degree of control now exercised by the Department of Government Efficiency over federal personnel policy, the executive order is titled, “Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative.”
Much remains unknown about how this order will be implemented. Parts of the order have already been challenged in court by a coalition of unions representing workers inside and outside government. Other parts of the order may yet be challenged.
The core provisions of the order can be divided into two categories: (1) provisions related to terminating current employees, and (2) provisions related to hiring new employees.
Terminations
To start with terminations, the order directs agencies to prepare for “large-scale” layoffs, known as reductions in force (RIFs). The order designates the following categories of employees for potential layoffs: Employees who “perform functions not mandated by statute or other law”; employees who work on DEI initiatives; and employees who “are not typically designated as essential during a lapse in appropriations.”
This order does not specify particular numbers or percentages of employees to lay off. It also does not say when agencies should conduct layoffs.
Apparently, agencies are expected to conduct these mass terminations on top of firing most probationary employees.
Also related to terminations, but likely with a smaller and less immediate effect, the order directs OPM to develop new “suitability criteria,” which may provide a basis for terminating employees in the future.
Hiring
On the hiring front, the order requires agencies (via a plan to be developed by OMB) to “hire no more than one employee for every four employees that depart.” While not directly affecting current employees, this provision would appear potentially devastating to numerous critical government functions.
A person seeking to defend the administration might argue that this restriction is no more onerous than the hiring freeze previously announced via Presidential memorandum. But the freeze was limited to 90 days, except at the IRS. This new order is framed as a long-term restriction. (There is a provision for reassessment after 240 days.)
Separately, the order inserts DOGE into the hiring process across the entire federal government. Among other provisions, an agency cannot fill a vacancy for a career position without DOGE’s approval, unless the agency head overrules DOGE. This is a remarkable restriction. It appears the agency chain of command for hiring is now: (1) Agency head, (2) DOGE, (3) everyone else at the agency.
Exceptions
The provisions described above are subject to some exceptions:
- None of the provisions apply to military personnel.
- The 4-for-1 hiring restriction and RIF provision do not apply to “functions related to public safety, immigration enforcement, or law enforcement.”
- Agency heads may exempt positions “necessary to meet national security, homeland security, or public safety responsibilities.”
- The OPM Director may grant exceptions.
- The 4-for-1 hiring restrictions does not apply to the IRS, which is subject to an indefinite hiring freeze under a prior presidential memorandum.
This is a preliminary analysis, not necessarily addressing all aspects of the order.
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