Labor & Employment Law Daily Wrap Up, AGENCY NEWS—OPM guidance recommends agencies convert chief human capital officer positions to SES general designation, (Mar 7, 2025)

By Patricia K. Ruiz, J.D.

CHCO positions require a baseline of specialized knowledge in order to understand broader issues and make decisions for the agency, the guidance states.

The Office of Personnel Management (OPM) has provided to agencies guidance regarding chief human capital officer (CHCO) positions currently designated as career reserved Senior Executive Service (SES). The OPM recommended that each agency with a CHCO role designated career-reserved SES send a request that OPM convert the role to SES general no later than March 24, 2025.

CHCO role. CHCOs oversee human resources (HR) policies and operations for their agencies and have responsibility for or substantial involvement in the determination or public advocacy of the major controversial policies of the administration or agency. Under the relevant regulations, such a position should be classified as SES general, allowing the position to be filled by either a career or non-career official. While many CHCO positions are currently filled by career officials, there is inconsistent classification of the positions across the federal government, the guidance states.

Impact on DEIA. A 2021 CHCO Council Report to Congress stated that “CHCO input was integral to our workplace safety policies and contributed to our broader efforts to instill diversity, equity, inclusion, and accessibility (DEIA) practices throughout the Federal employment cycle.” The report also described more than 40 promising practices for embedding DEIA “in all areas of human resources, including outreach, recruitment, onboarding, advancement, learning & development, performance & awards, and retention.” The Trump administration, by contrast, has “campaigned vehemently against government DEI programs” and has issued an executive order ending these programs. The guidance states that the “current administration rightly expects that agency CHCOs will advocate for such major HR policy changes before Congress and in the public square.”

Policies and priorities. Agency CHCOs are responsible for determining policy when determining which initiatives their departments should prioritize and fund, and which should be deemphasized or defunded. DEIA policies determine who is hired as an agency employee and who does not receive an interview, as well as which employees receive promotions, and which are passed over. The guidance states, “HR policies and priorities can siphon funds and manpower that would otherwise be dedicated to different policy objectives, with tangible effects on everyday Americans. The public rightly expects that government officials who make these policy choices should be democratically accountable.”

Specialized knowledge needed. CHCO positions require a baseline of specialized knowledge in order to understand broader issues and make decisions for the agency, the guidance states. Career reserved SES roles are meant for “impartial” or “technical” positions, not policy advocates, and the CHCO role is not the sort of impartial or technical position that is fit for career reserved SES positions. As such, the OPM recommended that agencies with a CHCO role designated as career-reserved SES send a request to OPM to convert the role to SES.

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