OPM Removes References to Unlawful Uniform Guidelines From Federal Hiring Regulation

WASHINGTON, DC - The US Office of Personnel Management (OPM) today issued an interim final rule removing references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from OPM's federal personnel regulations, bringing the agency's regulations into conformity with the Department of Justice Office of Legal Counsel's June 9, 2026, legal opinion concluding the Uniform Guidelines are unlawful and unconstitutional by encouraging race-conscious decision-making via “disparate impact” liability.

The rule removes UGESP regulatory provisions while preserving longstanding federal requirements that employment practices be job-related, professionally developed, based on sound job analysis, and administered without prohibited discrimination.

By removing obsolete and legally inconsistent regulatory references, this rule provides greater clarity for agencies administering federal hiring while reducing unnecessary regulatory burden. It also advances President Trump’s broader efforts to restore merit to federal hiring and end illegal and immoral DEI programs.

"Federal hiring should be based on merit, qualifications, and the ability to perform the job," OPM Director Scott Kupor said. "This rule ensures OPM's regulations reflect legal guidance while preserving the rigorous, job-related standards that help agencies recruit and hire the most qualified workforce in service to the American people."

The interim final rule is effective upon publication in the Federal Register. OPM will accept public comments for 60 days before determining whether to revise, withdraw, or finalize the rule.