Removal of References to the Uniform Guidelines on Employee Selection Procedures in Federal Personnel Regulations
Key claim: OPM is issuing an interim final rule to remove all references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from federal civil service regulations, conforming to a June 9, 2026 DOJ Office of Legal Counsel opinion finding UGESP unlawful.
Abstract
(Rule · Personnel Management Office) The Office of Personnel Management (OPM) is issuing an interim final rule with request for comments to remove references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from Federal civil service regulations. These amendments conform OPM’s regulations to the Department of Justice, Office of Legal Counsel’s June 9, 2026, opinion finding the UGESP unlawful.
Why this matters
UGESP has been the operational backbone of federal disparate-impact analysis in hiring and promotion since 1978, defining the ‘4/5ths rule’ and validation standards used by EEOC, DOJ, OPM, and OFCCP. An OLC opinion declaring UGESP unlawful — and OPM conforming its personnel regulations accordingly — signals a foundational shift in how federal employment discrimination is measured, with likely ripple effects for private employers who have long treated UGESP as the de facto compliance standard. The change is contested on both legal-authority and civil-rights-protection grounds and reframes what evidence of discrimination federal selection procedures must guard against.