What Federal Employees Need to Know About President Trump’s Recent Executive Orders

The second Trump administration’s decisions continue to have profound impacts on the lives of many federal employees. With the President, the Office of Management and Budget (OMB), and the Department of Government Efficiency (DOGE) continuing to make major announcements on a near-daily basis, it can be difficult to keep pace. Subsequent reversals and pending court challenges add to the confusion for federal workers—with the practical effect being that many of these workers may not know for certain whether they have a position within the federal government. Here is a look at some of the latest developments from New York federal discrimination lawyer Jay Stafford:

Implementing the President’s “Department of Government Efficiency” Workforce Optimization Initiative

One of the most recent executive orders from President Trump is the order titled Implementing the President’s “Department of Government Efficiency” Workforce Optimization Initiative, which he signed on February 11, 2025. Among other things, this order states:

“Agency Heads shall promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law, and to separate from Federal service temporary employees and reemployed annuitants working in areas that will likely be subject to the RIFs. All offices that perform functions not mandated by statute or other law shall be prioritized in the RIFs, including all agency diversity, equity, and inclusion initiatives; all agency initiatives, components, or operations that my Administration suspends or closes; and all components and employees performing functions not mandated by statute or other law who are not typically designated as essential during a lapse in appropriations . . . .”

This portion of the executive order includes exceptions only for “public safety, immigration enforcement[ and] law enforcement.” Crucially, the order also directs the Director of the Office of Personnel Management (OPM) to establish the following as “suitability” criteria for federal employment:

• “[F]ailure to comply with generally applicable legal obligations, including timely filing of tax returns;
• “[F]ailure to comply with any provision that would preclude regular Federal service, including citizenship requirements;
• “[R]efusal to certify compliance with any applicable nondisclosure obligations . . . and failure to adhere to those compliance obligations in the course of Federal employment; and
• “[T]heft or misuse of Government resources and equipment, or negligent loss of material Government resources and equipment.”

If a federal employee is deemed not “suitable” for federal employment, this can justify removal from the federal workforce. As a result, if the Director of the OPM expands the federal “suitability” criteria as ordered, this will expand the pool of non-probationary federal employees who are at risk of losing their jobs going forward.

A Fact Sheet accompanying the release of the February 11 executive order further clarifies its intent. Along with confirming that federal agencies will be required to conduct large-scale RIFs, the Fact Sheet also states that agencies must “coordinate and consult with DOGE to shrink the size of the federal workforce and limit hiring to essential positions,” and, “determine which agency components (or agencies themselves) may be eliminated or combined because their functions aren’t required by law.”

Unleashing Prosperity Through Deregulation

Another recent executive order that presents risks for many federal employees is President Trump’s January 31, 2025 order titled Unleashing Prosperity Through Deregulation. While this executive order does not target federal personnel directly, it requires federal agencies to repeal at least 10 existing regulations for each new regulation proposed while also “ensur[ing] that the total incremental cost of all new regulations, including repealed regulations, being finalized this year, shall be significantly less than zero.”

Curtailing agencies’ regulatory activities and reducing their costs will necessarily have employment-related implications for federal employees whose positions are either eliminated outright or rendered obsolete through these efforts. The Trump administration and DOGE have made clear that one of their primary focuses when it comes to reducing federal spending is doing so through the reduction of federal payroll expenditures—and this executive order further serves this purpose.

Executive Orders Targeting DEI and Environmental Justice Programs

Before issuing these broad-reaching executive orders on February 11 and January 31, President Trump signed two earlier executive orders focused specifically on targeting diversity, equity, and inclusion (DEI) and environmental justice programs. Not only do these executive orders (dated January 20, 2025 and January 21, 2025) have direct impacts for federal employees who may have been hired under these programs, but they present risks for employees who have been hired or assigned to administer these programs as well. For example, the January 20 executive order, which is titled, Ending Radical and Wasteful Government DEI Programs and Preferencing, states in part:

“Each agency, department, or commission head, in consultation with the Attorney General, the Director of OMB, and the Director of OPM, as appropriate, shall take the following actions within sixty days of this order . . . terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions . . . .”

The January 21 executive order, which is titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, terminates several Biden-era executive orders aimed at promoting diversity, equity, inclusion, and environmental justice in the federal workforce. The implementation of this order will have (and is already having) the practical impact of eliminating many related positions within the federal government as well.

What Does All of This Mean for You?

As a federal employee (or as a recently terminated federal employee), what does all of this mean for you? Despite all that is going on, federal employees still have clear, strong and fundamental legal rights. If you are facing removal from the federal government, or if you have recently lost your job as a federal employee, you should talk to a lawyer who can help you determine if your removal is lawful. If it isn’t, there are remedies available, and an experienced federal employment lawyer will be able to help you fight to hold the government accountable.

Request a Confidential Consultation with New York Federal Discrimination Lawyer Jay Stafford

Do you need to know more about your legal rights as a federal employee (or former federal employee) in 2025? If so, we invite you to get in touch. To request a confidential consultation with New York federal discrimination lawyer Jay Stafford, please call 410-514-6099 or tell us how we can reach you online today.