The Office of Personnel Management is trying to address what it says are concerns from some managers and supervisors who worry they may be held personally liable for disciplining federal employees deemed poor performers.

In response to those concerns, a Nov. 21 memo from OPM clarified that managers and supervisors are generally acting on behalf of an agency when they “manage employees’ job performance and address unacceptable performance.” There is an “extremely limited scope” where managers or supervisors would be held individually responsible for those actions, OPM said.

When a manager puts an employee on a performance improvement plan, demotes an employee or removes an employee from their job for poor performance, that’s technically considered the action of the agency, OPM said, and not the individual manager’s responsibility. If an employee challenges one of those actions, OPM said that the agency, not the manager, would be responsible for responding.

“In the unusual event that a manager or supervisor is sued personally for actions within the scope of their employment, the Department of Justice (DOJ) typically provides representation,” the memo reads.

But if a supervisor or manager misuses their authority — for example through discrimination, harassment or whistleblower-related prohibited personnel practices — OPM said the individual can then be held personally accountable for their actions.

In its memo, OPM also reminded supervisors and managers of the availability of professional liability insurance, which may help protect them in the rare cases where they may be held liable. Supervisors and managers are usually eligible for a government reimbursement amounting to up to half the cost of the insurance.

“But even in these situations Congress did not give employees the right to hold their managers or supervisors personally liable for any performance or conduct-related adverse action,” OPM said.

OPM’s clarification comes after the Trump administration earlier this year set new expectations for measuring federal employees’ job performance. In June, OPM told agencies they don’t have to use “progressive discipline” and that they should not substitute a suspension when a full removal of an employee from their job “would be appropriate.”

The administration’s new performance management standards also attempt to more strictly delineate between different levels of employee performance and encourage agencies to rate fewer employees as high performers.

OPM Director Scott Kupor has repeatedly argued that the government has inflated performance ratings, and has targeted the rating system as a key area for OPM to update.

“In the real world we are not all equally successful and differences in performance from one person to the next are in fact real,” Kupor wrote in a Sept. 15 blog post. “We simply can’t all get A’s because not everyone’s contributions to the success of the organization are the same. Some people simply perform better than others — whether by luck or skill.”

More recently, OPM also announced a new mandatory training program for all federal supervisors, intended to educate supervisors on how to better manage performance of federal employees. The one-hour online course will cover topics including recognition, awards, hiring, firing and discipline of federal employees, according to a memo OPM sent to agencies Wednesday.

“At the end of the training, supervisors will be ready to set clear expectations, deliver quality feedback, document fairly, reward excellence, and take timely action when needed—all while building an engaged, high-performing team through transparency, accountability, and collaboration,” the memo stated.

Federal supervisors are required to complete the training by Feb. 9, 2026, OPM said.

The required supervisor training comes shortly after OPM also launched two optional training programs, designed to educate senior executives in the federal workforce, while incorporating common themes from the Trump administration on “accountability,” performance management and adherence to the president’s priorities.

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