Q & A Session – Changing a Position Description while Employed


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I was originally hired under a Non-critical Sensitive Position Description (PD) requiring a Secret clearance. Two months after I came aboard, my position was changed to a Critical Sensitive with a Top Secret Clearance Eligibility requirement. Is it legal to change the conditions of employment under which the employee was hired after the employee takes the position?


Yes. The agency can change PDs and job requirements. It can even eliminate jobs and reorganize.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

1 Comment

  1. Does he have to reapply for the position now that it has changed? We have always been told that when the PD changes you have to reapply for the position.

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