Modernizing and Reforming the Assessment and Hiring of Federal Job Candidates

Overview

Purpose and Intent

Executive Order 13932, issued by President Donald Trump on June 26, 2020, aims to reform and modernize the hiring practices of the federal civil service. The order emphasizes a shift from degree-based to skills- and competency-based hiring, reflecting changes in private sector employment strategies. It recognizes that an overreliance on educational qualifications can exclude capable candidates and impede labor-market efficiencies, particularly in sectors rapidly evolving with new technologies. The Executive Order argues that merit should be the primary determinant of employment and advancement within the federal government, aligning with the longstanding tradition of a professional, merit-based civil service.

Implementation of Skills-Based Hiring

The order requires the Office of Personnel Management (OPM), in cooperation with various federal agencies, to review and amend job classifications and qualification standards. It mandates that educational requirements be imposed only when legally necessary or essential for performing job duties effectively. By doing so, it intends to create a more inclusive and diverse federal workforce, tapping into a broader pool of talent irrespective of academic credentials. The move is designed to ensure that federal employment is open to individuals with applicable skills and competencies, regardless of their formal educational backgrounds.

Alignment with Broader Workforce Initiatives

This initiative aligns with the administration’s broader policies on workforce development and economic mobility, spearheaded by the National Council for the American Worker and the American Workforce Policy Advisory Board. By fostering skills-driven hiring, the Executive Order aims to reduce barriers to employment, particularly for low-income Americans. The order also supports the expansion of apprenticeship programs, providing pathways to stable and remunerative careers. In doing so, it seeks to harmonize federal hiring practices with a 21st-century economy, which is increasingly driven by practical skills and innovation.

Legal and Policy Implications

Changes in Federal Hiring Regulations

The order directs the OPM to revise and modernize the job classification standards across federal agencies, thereby changing the legal landscape of federal hiring regulations. Historically, federal hiring has placed substantial emphasis on educational qualifications, which are seen as proxies for candidate aptitude and potential. This order dismantles the automatic preference for formal education, mandating that such qualifications be cited only where they are legally or operationally indispensable, thus making room for skills-based assessments.

Impact on Statutory Requirements and Policy Making

While the Executive Order does not explicitly amend existing legislation, it influences policy making by setting a precedent for evaluating the competencies of job candidates through assessments independent of academic credentials. This pivot could lead to further reviews and modifications in hiring practices, potentially influencing legislative discussions on how skills and qualifications are framed within the broader legal framework governing employment at the federal level. Furthermore, the directive for periodic review implies a dynamic and responsive policy model that could evolve to address diversifying workforce needs.

Consistency with Legal and Constitutional Frameworks

The order stresses compliance with existing laws, noting that it should not impair or otherwise affect the legal authority of other federal agencies. It calls for implementation consistent with applicable laws and subject to the availability of appropriations. This careful phrasing ensures that the order operates within the established legal and constitutional boundaries and seeks to prevent conflicts with statutory obligations or Congressional intent.

Who Benefits

Job Seekers with Non-Traditional Backgrounds

One of the primary beneficiaries of this Executive Order are job seekers who possess relevant skills but have non-traditional educational backgrounds. By deprioritizing formal degrees, the order facilitates entry and advancement within the federal service for individuals whose competencies may stem from vocational training, self-taught skills, or alternative learning pathways. This shift is particularly beneficial in modern industries, like technology and data analysis, where innovation often outpaces formal educational curriculums.

Low-Income and Economically Disadvantaged Individuals

The initiative promises enhanced opportunities for low-income Americans who might otherwise be curtailed by the steep costs of higher education. By removing unnecessary educational barriers, individuals traditionally marginalized by economic constraints gain fairer access to employment opportunities, potentially fostering social mobility and economic inclusivity. The move thus supports the administration's broader goals of enhancing workforce participation and redefining the accessibility of federal employment.

Private Sector and Industry

The alignment of federal hiring practices with private sector trends benefits industries by increasing the interchangeability of skills across sectors. Such uniformity in hiring standards facilitates smoother transitions for personnel moving between public service and private industry, thereby enhancing the overall fluidity of the labor market. It also incentivizes the development of competency-based certifications and training programs that can serve both sectors, fostering a more integrated workforce ecosystem.

Who Suffers

Individuals with Traditional Education Pathways

Paradoxically, individuals who have invested heavily in traditional educational pathways may perceive diminished value in their qualifications. While the Executive Order does not completely eliminate educational criteria, the shift in focus may inadvertently devalue formal academic achievements in federal hiring processes, potentially lowering the competitive edge of degree holders in environments that prioritize skills-based evaluation without complementary regard for formal education.

Federal Agencies' HR Departments

The demand for revamped hiring assessments and processes imposes additional administrative burdens on federal HR departments. These agencies might struggle to develop and implement effective competency-based evaluation methodologies, especially given historical dependencies on established educational markers. This could strain resources and necessitate extensive training and systems upgrades, potentially causing delays and inefficiencies during the transition phase.

Educational Institutions

Educational institutions that benefit from the demand for traditional degrees might face diminished influence as the federal government reduces its reliance on degree-based qualifications. These institutions may have to adapt by emphasizing skills-enhancing curricula and partnerships with industry-aligned programs. There could be a significant shift in how educational value is perceived and quantified, potentially affecting funding, enrollment strategies, and program development.

Historical Context

Historical Perspective on Federal Hiring Practices

Historically, federal hiring practices have echoed the structures of the broader labor market, often emphasizing formal education as a benchmark for candidate qualifications. This preference traces back to efforts aimed at standardizing and professionalizing the civil service to prevent nepotism and ensure competency. Over time, the growing importance of postsecondary education became entrenched as a federal hiring norm, a reflection of parallel trends in corporate America

Broader Economic and Workforce Trends

The order reflects a broader societal shift recognizing that specialized skills and competencies often hold greater immediate value than traditional academic credentials. This evolution mirrors transformations in the technology-driven economy, where the need for specific technical capabilities can outstrip the more generalized competencies implied by degree attainment. Private sector leaders have long pioneered such shifts, setting the stage for the public sector to adopt similar reforms.

Policy Ideology of the Trump Administration

This Executive Order fits within the Trump administration's wider efforts to reduce barriers to employment and streamline governmental operations. Throughout President Trump's term, there was a consistent focus on deregulation, cost reduction, and the promotion of pragmatic, results-oriented policies. The modernization of federal hiring processes underscores the administration’s commitment to meritocracy and efficiency within government ranks, aligning with their pro-business, skills-oriented philosophy.

Potential Controversies or Challenges

Potential Legal Disputes

The emphasis on skills and competencies over formal education could spark legal challenges from stakeholders invested in the traditional educational system. Educational institutions and professional associations might argue that the diminished role of degrees undermines standardized benchmarks that have provided clarity and consistency in employment qualifications. Such challenges could focus on the interpretations of statutory requirements and the definition of competitive service eligibility.

Implementation and Compliance Concerns

Successfully implementing the order could be complex, given the potential resistance from bureaucratic entities accustomed to conventional hiring practices. Ensuring nationwide compliance requires agencies to swiftly adapt to new procedures, uphold quality standards in assessments, and uniformly interpret and apply the revised standards. Such challenges could lead to inconsistencies across agencies, undermining the Executive Order’s aims.

Congressional Pushback

The order could face scrutiny and dissent from lawmakers concerned about the devaluation of formal education within public service. Since legislative bodies historically align with the educational sector through funding and policy support, there could be pushback if Congress perceives the order as disregarding the country's educational standards, diversity in thought, or erosion of robust academic credentials as a means of civil service qualification.